Tenn. Code Ann. § 55-50-902 — TN Code / Title 55 / Chapter 50 / Section 55-50-902
Interstate Driver License Compact
Status: in_force

The Interstate Driver License Compact is enacted into law and entered into by this state with all states legally joining the compact and in the form substantially as follows: Article I. Findings and Declaration of Policy. (a) The party states find that: (1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles. (2) Violation of such a law or ordinance is evidence that the violator engages in conduct that is likely to endanger the safety of persons and property. (3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated. (b) It is the policy of each of the party states to: (1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles. (2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances, and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states. Article II. Definitions. As used in this Compact: (1) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative rule or regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority; (2) "Home state" means the state that has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle; and (3) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. Article III. Reports of Conviction. The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code, or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond, or other security; and shall include any special findings made in connection therewith. Article IV. Effect of Conviction. (a) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this Compact, as it would if such conduct had occurred in the home state, in the case of convictions for: (1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle; (2) Driving a motor vehicle while under the influence of an intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle; (3) Any felony in the commission of which a motor vehicle is used; or (4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another. (b) As to any other convictions, reported pursuant to Article III, the licensing authority in the home state shall record the conviction on the individual's driving record, but may not assess points for the conviction. (c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article. Article V. Applications for New Licenses. Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of, a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if: (1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated; (2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one (1) year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways; or (3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license. Article VI. Applicability of Other Laws. Except as expressly required by provisions of this Compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state. Article VII. Compact Administrator and Interchange of Information. (a) The head of the licensing authority of each party state shall be the administrator of this Compact for this state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this Compact. (b) The Administrator of each party state shall furnish to the Administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this Compact. Article VIII. Entry into Force and Withdrawal. (a) This Compact shall enter into force and become effective as to any state when it has enacted the same into law. (b) Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the Compact of any report of conviction occurring prior to the withdrawal. Article IX. Construction and Severability. This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state party thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Added by 2020 Tenn. Acts, ch. 610, s 1, eff. 7/1/2020.
The Interstate Driver License Compact is enacted into law and entered into by this state with all states legally joining the compact and in the form substantially as follows:
Article I. Findings and Declaration of Policy. (a) The party states find that: (1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles. (2) Violation of such a law or ordinance is evidence that the violator engages in conduct that is likely to endanger the safety of persons and property. (3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated. (b) It is the policy of each of the party states to: (1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles. (2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances, and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
(a) The party states find that: (1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles. (2) Violation of such a law or ordinance is evidence that the violator engages in conduct that is likely to endanger the safety of persons and property. (3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(1) The safety of their streets and highways is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct that is likely to endanger the safety of persons and property.
(3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.
(b) It is the policy of each of the party states to: (1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles. (2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances, and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
(1) Promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to drive and eligibility therefor more just and equitable by considering the overall compliance with motor vehicle laws, ordinances, and administrative rules and regulations as a condition precedent to the continuance or issuance of any license by reason of which the licensee is authorized or permitted to operate a motor vehicle in any of the party states.
Article II. Definitions. As used in this Compact: (1) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative rule or regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority; (2) "Home state" means the state that has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle; and (3) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
As used in this Compact:
(1) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative rule or regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority;
(2) "Home state" means the state that has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle; and
(3) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
Article III. Reports of Conviction. The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code, or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond, or other security; and shall include any special findings made in connection therewith.
The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee. Such report shall clearly identify the person convicted; describe the violation specifying the section of the statute, code, or ordinance violated; identify the court in which action was taken; indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond, or other security; and shall include any special findings made in connection therewith.
Article IV. Effect of Conviction. (a) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this Compact, as it would if such conduct had occurred in the home state, in the case of convictions for: (1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle; (2) Driving a motor vehicle while under the influence of an intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle; (3) Any felony in the commission of which a motor vehicle is used; or (4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another. (b) As to any other convictions, reported pursuant to Article III, the licensing authority in the home state shall record the conviction on the individual's driving record, but may not assess points for the conviction. (c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.
(a) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this Compact, as it would if such conduct had occurred in the home state, in the case of convictions for: (1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle; (2) Driving a motor vehicle while under the influence of an intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle; (3) Any felony in the commission of which a motor vehicle is used; or (4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
(1) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) Driving a motor vehicle while under the influence of an intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicle is used; or
(4) Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
(b) As to any other convictions, reported pursuant to Article III, the licensing authority in the home state shall record the conviction on the individual's driving record, but may not assess points for the conviction.
(c) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in subdivision (a) of this article, such party state shall construe the denominations and descriptions appearing in subdivision (a) hereof as being applicable to and identifying those offenses or violations of a substantially similar nature, and the laws of such party state shall contain such provisions as may be necessary to ensure that full force and effect is given to this article.
Article V. Applications for New Licenses. Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of, a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if: (1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated; (2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one (1) year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways; or (3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.
Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of, a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated;
(2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one (1) year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways; or
(3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.
Article VI. Applicability of Other Laws. Except as expressly required by provisions of this Compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.
Except as expressly required by provisions of this Compact, nothing contained herein shall be construed to affect the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, nor to invalidate or prevent any driver license agreement or other cooperative arrangement between a party state and a nonparty state.
Article VII. Compact Administrator and Interchange of Information. (a) The head of the licensing authority of each party state shall be the administrator of this Compact for this state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this Compact. (b) The Administrator of each party state shall furnish to the Administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this Compact.
(a) The head of the licensing authority of each party state shall be the administrator of this Compact for this state. The administrators, acting jointly, shall have the power to formulate all necessary and proper procedures for the exchange of information under this Compact.
(b) The Administrator of each party state shall furnish to the Administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this Compact.
Article VIII. Entry into Force and Withdrawal. (a) This Compact shall enter into force and become effective as to any state when it has enacted the same into law. (b) Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the Compact of any report of conviction occurring prior to the withdrawal.
(a) This Compact shall enter into force and become effective as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states. No withdrawal shall affect the validity or applicability by the licensing authorities of states remaining party to the Compact of any report of conviction occurring prior to the withdrawal.
Article IX. Construction and Severability. This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state party thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state party thereto, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Added by 2020 Tenn. Acts, ch. 610, s 1, eff. 7/1/2020.
Tenn. Code Ann. § 55-5-205 — TN Code / Title 55 / Chapter 5 / Section 55-5-205
Forfeiture of property
Status: in_force

(a) If the state meets its burden of proof, any tool, implement, or instrumentality used: (1) To alter, destroy, disassemble, dismantle, or reassemble a stolen motor vehicle or stolen motor vehicle component parts; (2) To alter, counterfeit, deface, destroy, forge, obliterate, or remove the motor vehicle identification number; or (3) In the transportation, disposal, or sale of stolen motor vehicles or stolen motor vehicle component parts, shall be forfeited in accordance with this part. (b) The district attorney general in the county in which the seizure occurs shall bring an action for forfeiture in either chancery or circuit court. The forfeiture action shall be brought within sixty (60) days from the date of seizure. (c) The clerk of the court shall give notice of the forfeiture proceedings by mailing a certified copy of the complaint in the forfeiture proceedings and instructions on how the action for forfeiture may be contested to each person whose right, title, or interest is of record. (d) Notice of the proceedings shall be given to any other person as may appear from the facts and circumstances to have any right, title or interest in or to the property. (e) The owner of the property, or any person claiming an ownership or security interest, may within fourteen (14) days after the certified mailing of the notice, file a verified answer to the complaint and may appear at the hearing on the action for forfeiture. (f) The district attorney general shall prove by a preponderance of the evidence that the property was used in the commission of a violation of this part, or was possessed to facilitate the violation. (g) Failure to carry the burden of proof shall operate as a bar to any forfeiture, and the property shall be immediately returned to the person in possession. (h) If the state meets its burden of proof, the court may order that: (1) The property be destroyed by the agency that seized it or by some other agency designated by the court; (2) The property be retained for use by the seizing agency in furtherance of vehicle theft investigations; or (3) The property be sold and the proceeds are to be used by the seizing agency for vehicle theft investigations only. (i) Notwithstanding subsection (h), if property is forfeited pursuant to this section and a person claiming a security interest has filed an answer as required by subsection (e), the property shall be forfeited subject to the secured party's interest. (j) If the property was seized as a result of a joint operation between two (2) or more agencies, the proceeds will be divided between all agencies. Acts 2000, ch. 941, § 1.
(a) If the state meets its burden of proof, any tool, implement, or instrumentality used: (1) To alter, destroy, disassemble, dismantle, or reassemble a stolen motor vehicle or stolen motor vehicle component parts; (2) To alter, counterfeit, deface, destroy, forge, obliterate, or remove the motor vehicle identification number; or (3) In the transportation, disposal, or sale of stolen motor vehicles or stolen motor vehicle component parts, shall be forfeited in accordance with this part.
(1) To alter, destroy, disassemble, dismantle, or reassemble a stolen motor vehicle or stolen motor vehicle component parts;
(2) To alter, counterfeit, deface, destroy, forge, obliterate, or remove the motor vehicle identification number; or
(3) In the transportation, disposal, or sale of stolen motor vehicles or stolen motor vehicle component parts, shall be forfeited in accordance with this part.
shall be forfeited in accordance with this part.
(b) The district attorney general in the county in which the seizure occurs shall bring an action for forfeiture in either chancery or circuit court. The forfeiture action shall be brought within sixty (60) days from the date of seizure.
(c) The clerk of the court shall give notice of the forfeiture proceedings by mailing a certified copy of the complaint in the forfeiture proceedings and instructions on how the action for forfeiture may be contested to each person whose right, title, or interest is of record.
(d) Notice of the proceedings shall be given to any other person as may appear from the facts and circumstances to have any right, title or interest in or to the property.
(e) The owner of the property, or any person claiming an ownership or security interest, may within fourteen (14) days after the certified mailing of the notice, file a verified answer to the complaint and may appear at the hearing on the action for forfeiture.
(f) The district attorney general shall prove by a preponderance of the evidence that the property was used in the commission of a violation of this part, or was possessed to facilitate the violation.
(g) Failure to carry the burden of proof shall operate as a bar to any forfeiture, and the property shall be immediately returned to the person in possession.
(h) If the state meets its burden of proof, the court may order that: (1) The property be destroyed by the agency that seized it or by some other agency designated by the court; (2) The property be retained for use by the seizing agency in furtherance of vehicle theft investigations; or (3) The property be sold and the proceeds are to be used by the seizing agency for vehicle theft investigations only.
(1) The property be destroyed by the agency that seized it or by some other agency designated by the court;
(2) The property be retained for use by the seizing agency in furtherance of vehicle theft investigations; or
(3) The property be sold and the proceeds are to be used by the seizing agency for vehicle theft investigations only.
(i) Notwithstanding subsection (h), if property is forfeited pursuant to this section and a person claiming a security interest has filed an answer as required by subsection (e), the property shall be forfeited subject to the secured party's interest.
(j) If the property was seized as a result of a joint operation between two (2) or more agencies, the proceeds will be divided between all agencies.
Acts 2000, ch. 941, § 1.
Tenn. Code Ann. § 55-4-292 — TN Code / Title 55 / Chapter 4 / Section 55-4-292
"Helping schools" volunteers
Status: in_force

(a) An owner or lessee of a motor vehicle who is a resident of this state and who wishes to contribute to the welfare and well-being of Tennessee's public schools, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204 , shall be issued a "Helping Schools" specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (b) The specialty earmarked plates provided for in this section shall be designed in consultation with the department of education. (c) (1) (A) The proceeds from the fee paid pursuant to § 55-4-204 for the sale of "Helping Schools" specialty earmarked plates and the special decals authorized by this section, minus the expense the state has incurred in designing, marketing and manufacturing the plates or decals, shall be deposited in the general school fund. The owners or lessees of motor vehicles who obtain special plates pursuant to this section may designate that the proceeds from the fees shall be allocated to a particular named school. The county clerk shall remit the proceeds to the local education agency operating the named school, and the local school board shall allocate the proceeds for the benefit of the named school, and shall make the funds available to the school. Any undesignated proceeds from these fees shall be allocated as provided in this section. At the option of the local school board or boards, these funds may be provided to an educational foundation in each system or systems. The foundation shall be duly chartered under the statutes of Tennessee. (B) The foundation shall allocate the funds solely for supplies, equipment and training for students and certificated employees. Proceeds shall be distributed to the local education agency according to the average daily attendance of schools which serve the counties in which the proceeds were generated. (2) Notwithstanding this section or any other law to the contrary, in lieu of the specialty earmarked plates provided by this section, owners or lessees of authorized motor vehicles may be issued a special decal for the windshield of the motor vehicles, such decal containing the logo "Helping Schools." All other provisions of this section concerning the issuance of specialty earmarked license plates, including the payment of the special fee as provided in § 55-4-204 , shall apply to the special decal. Amended by 2018 Tenn. Acts, ch. 1023,s 49, eff. 7/1/2018. Acts 1998, ch. 807, § 1; 1998, ch. 1063, § 1.
(a) An owner or lessee of a motor vehicle who is a resident of this state and who wishes to contribute to the welfare and well-being of Tennessee's public schools, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, and paying the regular fee applicable to the motor vehicle and the fee provided in § 55-4-204 , shall be issued a "Helping Schools" specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) .
(b) The specialty earmarked plates provided for in this section shall be designed in consultation with the department of education.
(c) (1) (A) The proceeds from the fee paid pursuant to § 55-4-204 for the sale of "Helping Schools" specialty earmarked plates and the special decals authorized by this section, minus the expense the state has incurred in designing, marketing and manufacturing the plates or decals, shall be deposited in the general school fund. The owners or lessees of motor vehicles who obtain special plates pursuant to this section may designate that the proceeds from the fees shall be allocated to a particular named school. The county clerk shall remit the proceeds to the local education agency operating the named school, and the local school board shall allocate the proceeds for the benefit of the named school, and shall make the funds available to the school. Any undesignated proceeds from these fees shall be allocated as provided in this section. At the option of the local school board or boards, these funds may be provided to an educational foundation in each system or systems. The foundation shall be duly chartered under the statutes of Tennessee. (B) The foundation shall allocate the funds solely for supplies, equipment and training for students and certificated employees. Proceeds shall be distributed to the local education agency according to the average daily attendance of schools which serve the counties in which the proceeds were generated. (2) Notwithstanding this section or any other law to the contrary, in lieu of the specialty earmarked plates provided by this section, owners or lessees of authorized motor vehicles may be issued a special decal for the windshield of the motor vehicles, such decal containing the logo "Helping Schools." All other provisions of this section concerning the issuance of specialty earmarked license plates, including the payment of the special fee as provided in § 55-4-204 , shall apply to the special decal.
(1) (A) The proceeds from the fee paid pursuant to § 55-4-204 for the sale of "Helping Schools" specialty earmarked plates and the special decals authorized by this section, minus the expense the state has incurred in designing, marketing and manufacturing the plates or decals, shall be deposited in the general school fund. The owners or lessees of motor vehicles who obtain special plates pursuant to this section may designate that the proceeds from the fees shall be allocated to a particular named school. The county clerk shall remit the proceeds to the local education agency operating the named school, and the local school board shall allocate the proceeds for the benefit of the named school, and shall make the funds available to the school. Any undesignated proceeds from these fees shall be allocated as provided in this section. At the option of the local school board or boards, these funds may be provided to an educational foundation in each system or systems. The foundation shall be duly chartered under the statutes of Tennessee. (B) The foundation shall allocate the funds solely for supplies, equipment and training for students and certificated employees. Proceeds shall be distributed to the local education agency according to the average daily attendance of schools which serve the counties in which the proceeds were generated.
(A) The proceeds from the fee paid pursuant to § 55-4-204 for the sale of "Helping Schools" specialty earmarked plates and the special decals authorized by this section, minus the expense the state has incurred in designing, marketing and manufacturing the plates or decals, shall be deposited in the general school fund. The owners or lessees of motor vehicles who obtain special plates pursuant to this section may designate that the proceeds from the fees shall be allocated to a particular named school. The county clerk shall remit the proceeds to the local education agency operating the named school, and the local school board shall allocate the proceeds for the benefit of the named school, and shall make the funds available to the school. Any undesignated proceeds from these fees shall be allocated as provided in this section. At the option of the local school board or boards, these funds may be provided to an educational foundation in each system or systems. The foundation shall be duly chartered under the statutes of Tennessee.
(B) The foundation shall allocate the funds solely for supplies, equipment and training for students and certificated employees. Proceeds shall be distributed to the local education agency according to the average daily attendance of schools which serve the counties in which the proceeds were generated.
(2) Notwithstanding this section or any other law to the contrary, in lieu of the specialty earmarked plates provided by this section, owners or lessees of authorized motor vehicles may be issued a special decal for the windshield of the motor vehicles, such decal containing the logo "Helping Schools." All other provisions of this section concerning the issuance of specialty earmarked license plates, including the payment of the special fee as provided in § 55-4-204 , shall apply to the special decal.
Amended by 2018 Tenn. Acts, ch. 1023,s 49, eff. 7/1/2018.
Acts 1998, ch. 807, § 1; 1998, ch. 1063, § 1.
Tenn. Code Ann. § 55-7-204 — TN Code / Title 55 / Chapter 7 / Section 55-7-204
Buses - Length limitations - Trailers on school buses prohibited
Status: in_force

(a) A bus with a length of not more than forty-five feet (45') may be operated on a highway of this state. (b) (1) No bus with a trailer attached, the total length of which combination, including any part of the body or load, exceeds sixty-five feet (65') shall be operated on any highway. (2) No school bus as defined in § 55-8-101 transporting children to or from school or for extracurricular activities shall be operated on any highway with a trailer attached. Acts 1953, ch. 32, § 1 (Williams, § 2710.5); T.C.A. (orig. ed.), §§ 59-1110, 55-11-204; Acts 1992, ch. 534, § 1; 2010, ch. 991, § 2.
(a) A bus with a length of not more than forty-five feet (45') may be operated on a highway of this state.
(b) (1) No bus with a trailer attached, the total length of which combination, including any part of the body or load, exceeds sixty-five feet (65') shall be operated on any highway. (2) No school bus as defined in § 55-8-101 transporting children to or from school or for extracurricular activities shall be operated on any highway with a trailer attached.
(1) No bus with a trailer attached, the total length of which combination, including any part of the body or load, exceeds sixty-five feet (65') shall be operated on any highway.
(2) No school bus as defined in § 55-8-101 transporting children to or from school or for extracurricular activities shall be operated on any highway with a trailer attached.
Acts 1953, ch. 32, § 1 (Williams, § 2710.5); T.C.A. (orig. ed.), §§ 59-1110, 55-11-204; Acts 1992, ch. 534, § 1; 2010, ch. 991, § 2.
Tenn. Code Ann. § 55-5-106 — TN Code / Title 55 / Chapter 5 / Section 55-5-106
Required identification numbers
Status: in_force

(a) New Motor Vehicles, Freight Vehicles and Livestock Trailers and Components Manufactured Within This State. All new motor vehicles, new motor vehicle engines and transmissions, new freight vehicles, and new livestock trailers, as specified herein, and manufactured in this state and intended for sale to the general public within this state, shall be required to have placed upon them a vehicle identification number. The required vehicle identification number shall not be the same as the vehicle identification number of any other motor vehicle, freight vehicle or livestock trailer manufactured by the same manufacturer. The vehicle component identification number shall not be the same number as the component identification number for any other like component manufactured by the same manufacturer, but may be the same as the vehicle identification number if the components are installed as original equipment. (b) New Motor Vehicles, Freight Vehicles and Livestock Trailers Sold Within This State. No new motor vehicle, new freight vehicle or new livestock trailer shall be sold to the general public in this state unless the motor vehicle, freight vehicle or livestock trailer bears a vehicle identification number which shall not be the same as the vehicle identification number of any other motor vehicle, freight vehicle or livestock trailer made by the same manufacturer. (c) New Components Sold Within the State. No new motor vehicle component shall be sold to the general public in this state unless the same shall bear an identification number, which shall not be the same as the identification number of any other like vehicle component made by the same manufacturer, except that the number may be the same number as the vehicle identification number, if the particular component has been installed as original equipment in the motor vehicle prior to its sale to the general public. (d) Accessibility of Identification Number. The vehicle identification number required in subsections (a) and (b) shall be easily accessible for inspection. (e) Definitions. As used in §§ 55-5-106 - 55-5-109: (1) "Component." Each of the following passenger car components shall be considered a part for the purpose of requiring a component identification number: engines and transmissions; (2) "Freight vehicle" means any vehicle designed to be used on public highways for the purpose of transporting property; (3) "Livestock trailer" means any vehicle, with or without motor power, designed for carrying livestock, including, but not limited to, horses, and for being drawn by a motor vehicle and so constructed that any part of its weight rests upon the towing vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle; (4) "Motor vehicle" means any vehicle that is self-propelled and designed to be used on public highways; (5) "New passenger cars" means any passenger car that has never been the subject of a sale at retail to the general public; (6) "Passenger car" means every self-propelled motor vehicle designed for carrying ten (10) passengers or fewer except trackless trolleys, devices moved by human power or used exclusively upon streetcar rails or tracks or overhead trolley wires; (7) "Person" means any natural or artificial person, firm, corporation, partnership or other association or business relations; and (8) "Used passenger car" means any passenger car that has been the subject of a sale at retail to the general public. (f) (1) Any new trailer manufactured in this state and intended for sale to the general public within the state shall be required to have stamped upon the vehicle's metal tongue or metal frame a vehicle identification number. The required vehicle identification number shall not be the same as the vehicle identification number of any other trailer manufactured by the same manufacturer. (2) No new trailer shall be sold to the general public in this state unless the trailer shall bear a vehicle identification number stamped upon the vehicle's metal tongue or metal frame, which shall not be the same as the vehicle identification number of any other trailer made by the same manufacturer. (3) As used in this subsection (f), "trailer" means every vehicle with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. Acts 1968, ch. 603, §§ 1, 2; T.C.A., § 59-506; Acts 1992, ch. 690, §§ 1, 2; 2004, ch. 513, § 1.
(a) New Motor Vehicles, Freight Vehicles and Livestock Trailers and Components Manufactured Within This State. All new motor vehicles, new motor vehicle engines and transmissions, new freight vehicles, and new livestock trailers, as specified herein, and manufactured in this state and intended for sale to the general public within this state, shall be required to have placed upon them a vehicle identification number. The required vehicle identification number shall not be the same as the vehicle identification number of any other motor vehicle, freight vehicle or livestock trailer manufactured by the same manufacturer. The vehicle component identification number shall not be the same number as the component identification number for any other like component manufactured by the same manufacturer, but may be the same as the vehicle identification number if the components are installed as original equipment.
(b) New Motor Vehicles, Freight Vehicles and Livestock Trailers Sold Within This State. No new motor vehicle, new freight vehicle or new livestock trailer shall be sold to the general public in this state unless the motor vehicle, freight vehicle or livestock trailer bears a vehicle identification number which shall not be the same as the vehicle identification number of any other motor vehicle, freight vehicle or livestock trailer made by the same manufacturer.
(c) New Components Sold Within the State. No new motor vehicle component shall be sold to the general public in this state unless the same shall bear an identification number, which shall not be the same as the identification number of any other like vehicle component made by the same manufacturer, except that the number may be the same number as the vehicle identification number, if the particular component has been installed as original equipment in the motor vehicle prior to its sale to the general public.
(d) Accessibility of Identification Number. The vehicle identification number required in subsections (a) and (b) shall be easily accessible for inspection.
(e) Definitions. As used in §§ 55-5-106 - 55-5-109: (1) "Component." Each of the following passenger car components shall be considered a part for the purpose of requiring a component identification number: engines and transmissions; (2) "Freight vehicle" means any vehicle designed to be used on public highways for the purpose of transporting property; (3) "Livestock trailer" means any vehicle, with or without motor power, designed for carrying livestock, including, but not limited to, horses, and for being drawn by a motor vehicle and so constructed that any part of its weight rests upon the towing vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle; (4) "Motor vehicle" means any vehicle that is self-propelled and designed to be used on public highways; (5) "New passenger cars" means any passenger car that has never been the subject of a sale at retail to the general public; (6) "Passenger car" means every self-propelled motor vehicle designed for carrying ten (10) passengers or fewer except trackless trolleys, devices moved by human power or used exclusively upon streetcar rails or tracks or overhead trolley wires; (7) "Person" means any natural or artificial person, firm, corporation, partnership or other association or business relations; and (8) "Used passenger car" means any passenger car that has been the subject of a sale at retail to the general public.
(1) "Component." Each of the following passenger car components shall be considered a part for the purpose of requiring a component identification number: engines and transmissions;
(2) "Freight vehicle" means any vehicle designed to be used on public highways for the purpose of transporting property;
(3) "Livestock trailer" means any vehicle, with or without motor power, designed for carrying livestock, including, but not limited to, horses, and for being drawn by a motor vehicle and so constructed that any part of its weight rests upon the towing vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle;
(4) "Motor vehicle" means any vehicle that is self-propelled and designed to be used on public highways;
(5) "New passenger cars" means any passenger car that has never been the subject of a sale at retail to the general public;
(6) "Passenger car" means every self-propelled motor vehicle designed for carrying ten (10) passengers or fewer except trackless trolleys, devices moved by human power or used exclusively upon streetcar rails or tracks or overhead trolley wires;
(7) "Person" means any natural or artificial person, firm, corporation, partnership or other association or business relations; and
(8) "Used passenger car" means any passenger car that has been the subject of a sale at retail to the general public.
(f) (1) Any new trailer manufactured in this state and intended for sale to the general public within the state shall be required to have stamped upon the vehicle's metal tongue or metal frame a vehicle identification number. The required vehicle identification number shall not be the same as the vehicle identification number of any other trailer manufactured by the same manufacturer. (2) No new trailer shall be sold to the general public in this state unless the trailer shall bear a vehicle identification number stamped upon the vehicle's metal tongue or metal frame, which shall not be the same as the vehicle identification number of any other trailer made by the same manufacturer. (3) As used in this subsection (f), "trailer" means every vehicle with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(1) Any new trailer manufactured in this state and intended for sale to the general public within the state shall be required to have stamped upon the vehicle's metal tongue or metal frame a vehicle identification number. The required vehicle identification number shall not be the same as the vehicle identification number of any other trailer manufactured by the same manufacturer.
(2) No new trailer shall be sold to the general public in this state unless the trailer shall bear a vehicle identification number stamped upon the vehicle's metal tongue or metal frame, which shall not be the same as the vehicle identification number of any other trailer made by the same manufacturer.
(3) As used in this subsection (f), "trailer" means every vehicle with or without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
Acts 1968, ch. 603, §§ 1, 2; T.C.A., § 59-506; Acts 1992, ch. 690, §§ 1, 2; 2004, ch. 513, § 1.
Tenn. Code Ann. § 55-5-108 — TN Code / Title 55 / Chapter 5 / Section 55-5-108
Permanent records of transactions - Bills of sales - Inspections - Contraband subject to forfeiture - Rights of claimants - Sale of forfeited property
Status: in_force

(a) (1) Any person, firm, or corporation engaged in the business of buying or selling used automobile parts shall keep permanent records of transactions of buying or selling engines, transmissions, vehicle bodies, chassis, doors, deck lids, front end clips (fenders and grill), seats, differentials, tires and wheels, steering wheels, automobile radios and automobile tape players, and bumpers. The record must include from whom the item was purchased and the seller's address and driver license number, and to whom the item was sold and the purchaser's address and driver license number, as well as the description of the item and any identifying number or numbers. The records must be kept for a period of three (3) years from the date of the transaction and made available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant. (2) Notwithstanding this title to the contrary, any motor vehicle dismantler and recycler that is licensed pursuant to § 55-17-109 , and is fully compliant with the reporting requirements of § 55-3-203(c) , is not required to keep the records required by subdivision (a)(1), with regard to transactions of selling the parts described. All other required records must be kept. (3) Any person, firm, or corporation engaged in the business of selling used automobile parts must provide a bill of sale, including the source of the part, when requested by the purchaser of any major component part, in order to comply with § 55-3-206 , which requires the inspection and certification of any rebuilt motor vehicle. (4) Any person, firm, or corporation required to keep records by §§ 55-5-106 - 55-5-110 and knowingly failing to do so commits a Class C misdemeanor. (5) For the purpose of locating stolen vehicles, establishing lawful ownership, possession, titling, or registration, any motor vehicle investigator designated by the commissioner of revenue or the commissioner of safety, except as provided in subdivision (a)(6), may inspect any vehicle, whether intact, wrecked, or dismantled, at an automobile dismantler's lot, salvage lot, or other similar establishment required to keep records under subdivision (a)(1), within this state. (6) Inspection conducted pursuant to subdivision (a)(1), (a)(4), or (a)(5) must be conducted during normal business hours and at a time and in a manner so as to minimize any interference with or delay of business operations. The inspection does not apply to a scrap processor when the scrap processor obtains any vehicle that has been crushed or flattened. "Scrap processor" means any person, firm, or corporation engaged in the business of buying motor vehicles or motor vehicle parts to process into scrap metal for remelting purposes who, from a fixed location, utilizes machinery and equipment for processing and manufacturing ferrous or nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap for these purposes. (b) (1) As used in this subsection (b), unless the context otherwise requires, "property" means any vehicle, aircraft, boat or other vessel, special mobile equipment, boat trailer, mobile self-propelled construction, farm or forestry machinery, similar equipment, or any component part. (2) Any property on which the manufacturer's serial number, engine number, transmission number, vehicle identification number, or other distinguishing number or identification mark has been removed, defaced, covered, altered, destroyed or otherwise rendered unidentifiable is hereby declared to be contraband and subject to forfeiture to the state. This subdivision (b)(2) applies to all persons, including, but not limited to, those persons designated in subsection (a). It is the duty of the commissioner or the commissioner's designee, and of any other state, county, or municipal law enforcement officer or campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, when such person has reason to believe that property constitutes contraband under this section, to seize and impound or otherwise take custody of the property on behalf of the department of safety. (3) Where there is only one (1) claimant to the property seized or taken into the custody of the department of safety, the claimant may elect to give a bond payable to the state in an amount double the value of the property seized, with corporate sureties approved by the commissioner of safety or the commissioner's designee. If a claimant elects to give a bond, the commissioner of safety or the commissioner's designee has the discretion to deliver the property to the claimant, pending a hearing to determine whether or not the property constitutes contraband under this section. The condition of the bond shall be that the obligors shall pay to the state, through the department of safety, the amount of the bond upon failure of the claimant to surrender the property in substantially the same condition as when it was released, to the department of safety upon a final determination adverse to the claimant. (4) Whenever any property believed to constitute contraband under this section comes into the custody of the commissioner of safety or the commissioner's designee, the person from whom the property was taken and any other possible claimant whose interest or title may be found of record in the department of safety shall be notified within a reasonable time. The notice shall be personally served or sent by certified mail, return receipt requested. If the department of safety is unable to determine with reasonable certainty the identities or addresses of all possible claimants, notice by one (1) publication in one (1) newspaper of general circulation in the area where the property was confiscated shall be adequate notice to all possible claimants. Notice by publication may contain multiple listings of property. (5) Any claimant to a property that has come into the custody of the commissioner of safety or the commissioner's designee under this section shall have a right to a hearing before the commissioner of safety or the commissioner's designee under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and § 67-1-105(a) , upon written request or petition, within ten (10) days after receiving notice by personal service, certified mail or publication; provided, that after the hearing is conducted, a decision shall be rendered within forty-five (45) days unless good cause is shown why a longer time may be required. Claimants shall be advised of this right in the notice. The commissioner of safety may waive reimbursement for any or all towing, preservation, or storage charges as the equities of the case may require. If a claimant, in a written request or petition, expresses a desire that the hearing before the commissioner of safety or the commissioner's designee be held in the county where the property in question was seized, that request shall be honored. Failure of the claimant to request a hearing for return of the property within the time provided shall constitute a waiver of all rights, title or interest the claimant may have in the property. (6) Within a reasonable time after the expiration of the ten-day period, the commissioner of safety or the commissioner's designee, upon a hearing when the matter is contested, shall determine the rights, title or interests of all claimants to the property. If a claimant establishes by a preponderance of the evidence the original identification numbers or marks of the property and the claimant's right, title, or interest of the property bearing that number or mark, the commissioner of safety, upon reimbursement for all towing, preservation and storage charges, shall release the property to the claimant, and the department of safety shall issue the claimant a permit to restore the original identification numbers or marks as provided under § 55-5-112(b) . If no claimant can establish in this manner the claimant's ownership of the property, the property shall be forfeited to the state. (7) Property forfeited under this section shall be sold by the department of general services as provided by law, or held and titled to the department of safety for its use. The commissioner of safety may contract for the towing, storage, and/or disposal through public auction of all property forfeited to the state. The proceeds of the sales shall be retained by the department of safety for use in vehicle investigations. However, in cases where the property was seized or taken into custody by a state, county or municipal law enforcement agency, the property shall be sold and the proceeds divided equally between the department of safety and the cooperating agency. Future forfeitures or proceeds shall not be anticipated in the adoption and approval of the budget for the department of safety, except expenditures from these proceeds shall be subject to the approval of the commissioner of finance and administration and the comptroller of the treasury. (8) Nothing in this section shall be construed to allow the seizure or impoundment by the department of safety or any other agency or individuals of any nonfactory-made trailers, logging trailers, or homemade trailers. Amended by 2019 Tenn. Acts, ch. 190,s 1, eff. 7/1/2019. Acts 1968, ch. 603, § 4; 1972, ch. 725, § 4; T.C.A., § 59-508; Acts 1980, ch. 896, § 1; 1982, ch. 692, § 1; 1984, ch. 924, §§ 1-9, 11, 12; 1986, ch. 900, § 1; 1988, ch. 954, § 1; 2007, ch. 106, § 11; 2007, ch. 484, § 67; 2010, ch. 1040, § 10.
(a) (1) Any person, firm, or corporation engaged in the business of buying or selling used automobile parts shall keep permanent records of transactions of buying or selling engines, transmissions, vehicle bodies, chassis, doors, deck lids, front end clips (fenders and grill), seats, differentials, tires and wheels, steering wheels, automobile radios and automobile tape players, and bumpers. The record must include from whom the item was purchased and the seller's address and driver license number, and to whom the item was sold and the purchaser's address and driver license number, as well as the description of the item and any identifying number or numbers. The records must be kept for a period of three (3) years from the date of the transaction and made available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant. (2) Notwithstanding this title to the contrary, any motor vehicle dismantler and recycler that is licensed pursuant to § 55-17-109 , and is fully compliant with the reporting requirements of § 55-3-203(c) , is not required to keep the records required by subdivision (a)(1), with regard to transactions of selling the parts described. All other required records must be kept. (3) Any person, firm, or corporation engaged in the business of selling used automobile parts must provide a bill of sale, including the source of the part, when requested by the purchaser of any major component part, in order to comply with § 55-3-206 , which requires the inspection and certification of any rebuilt motor vehicle. (4) Any person, firm, or corporation required to keep records by §§ 55-5-106 - 55-5-110 and knowingly failing to do so commits a Class C misdemeanor. (5) For the purpose of locating stolen vehicles, establishing lawful ownership, possession, titling, or registration, any motor vehicle investigator designated by the commissioner of revenue or the commissioner of safety, except as provided in subdivision (a)(6), may inspect any vehicle, whether intact, wrecked, or dismantled, at an automobile dismantler's lot, salvage lot, or other similar establishment required to keep records under subdivision (a)(1), within this state. (6) Inspection conducted pursuant to subdivision (a)(1), (a)(4), or (a)(5) must be conducted during normal business hours and at a time and in a manner so as to minimize any interference with or delay of business operations. The inspection does not apply to a scrap processor when the scrap processor obtains any vehicle that has been crushed or flattened. "Scrap processor" means any person, firm, or corporation engaged in the business of buying motor vehicles or motor vehicle parts to process into scrap metal for remelting purposes who, from a fixed location, utilizes machinery and equipment for processing and manufacturing ferrous or nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap for these purposes.
(1) Any person, firm, or corporation engaged in the business of buying or selling used automobile parts shall keep permanent records of transactions of buying or selling engines, transmissions, vehicle bodies, chassis, doors, deck lids, front end clips (fenders and grill), seats, differentials, tires and wheels, steering wheels, automobile radios and automobile tape players, and bumpers. The record must include from whom the item was purchased and the seller's address and driver license number, and to whom the item was sold and the purchaser's address and driver license number, as well as the description of the item and any identifying number or numbers. The records must be kept for a period of three (3) years from the date of the transaction and made available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant.
(2) Notwithstanding this title to the contrary, any motor vehicle dismantler and recycler that is licensed pursuant to § 55-17-109 , and is fully compliant with the reporting requirements of § 55-3-203(c) , is not required to keep the records required by subdivision (a)(1), with regard to transactions of selling the parts described. All other required records must be kept.
(3) Any person, firm, or corporation engaged in the business of selling used automobile parts must provide a bill of sale, including the source of the part, when requested by the purchaser of any major component part, in order to comply with § 55-3-206 , which requires the inspection and certification of any rebuilt motor vehicle.
(4) Any person, firm, or corporation required to keep records by §§ 55-5-106 - 55-5-110 and knowingly failing to do so commits a Class C misdemeanor.
(5) For the purpose of locating stolen vehicles, establishing lawful ownership, possession, titling, or registration, any motor vehicle investigator designated by the commissioner of revenue or the commissioner of safety, except as provided in subdivision (a)(6), may inspect any vehicle, whether intact, wrecked, or dismantled, at an automobile dismantler's lot, salvage lot, or other similar establishment required to keep records under subdivision (a)(1), within this state.
(6) Inspection conducted pursuant to subdivision (a)(1), (a)(4), or (a)(5) must be conducted during normal business hours and at a time and in a manner so as to minimize any interference with or delay of business operations. The inspection does not apply to a scrap processor when the scrap processor obtains any vehicle that has been crushed or flattened. "Scrap processor" means any person, firm, or corporation engaged in the business of buying motor vehicles or motor vehicle parts to process into scrap metal for remelting purposes who, from a fixed location, utilizes machinery and equipment for processing and manufacturing ferrous or nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap for these purposes.
(b) (1) As used in this subsection (b), unless the context otherwise requires, "property" means any vehicle, aircraft, boat or other vessel, special mobile equipment, boat trailer, mobile self-propelled construction, farm or forestry machinery, similar equipment, or any component part. (2) Any property on which the manufacturer's serial number, engine number, transmission number, vehicle identification number, or other distinguishing number or identification mark has been removed, defaced, covered, altered, destroyed or otherwise rendered unidentifiable is hereby declared to be contraband and subject to forfeiture to the state. This subdivision (b)(2) applies to all persons, including, but not limited to, those persons designated in subsection (a). It is the duty of the commissioner or the commissioner's designee, and of any other state, county, or municipal law enforcement officer or campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, when such person has reason to believe that property constitutes contraband under this section, to seize and impound or otherwise take custody of the property on behalf of the department of safety. (3) Where there is only one (1) claimant to the property seized or taken into the custody of the department of safety, the claimant may elect to give a bond payable to the state in an amount double the value of the property seized, with corporate sureties approved by the commissioner of safety or the commissioner's designee. If a claimant elects to give a bond, the commissioner of safety or the commissioner's designee has the discretion to deliver the property to the claimant, pending a hearing to determine whether or not the property constitutes contraband under this section. The condition of the bond shall be that the obligors shall pay to the state, through the department of safety, the amount of the bond upon failure of the claimant to surrender the property in substantially the same condition as when it was released, to the department of safety upon a final determination adverse to the claimant. (4) Whenever any property believed to constitute contraband under this section comes into the custody of the commissioner of safety or the commissioner's designee, the person from whom the property was taken and any other possible claimant whose interest or title may be found of record in the department of safety shall be notified within a reasonable time. The notice shall be personally served or sent by certified mail, return receipt requested. If the department of safety is unable to determine with reasonable certainty the identities or addresses of all possible claimants, notice by one (1) publication in one (1) newspaper of general circulation in the area where the property was confiscated shall be adequate notice to all possible claimants. Notice by publication may contain multiple listings of property. (5) Any claimant to a property that has come into the custody of the commissioner of safety or the commissioner's designee under this section shall have a right to a hearing before the commissioner of safety or the commissioner's designee under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and § 67-1-105(a) , upon written request or petition, within ten (10) days after receiving notice by personal service, certified mail or publication; provided, that after the hearing is conducted, a decision shall be rendered within forty-five (45) days unless good cause is shown why a longer time may be required. Claimants shall be advised of this right in the notice. The commissioner of safety may waive reimbursement for any or all towing, preservation, or storage charges as the equities of the case may require. If a claimant, in a written request or petition, expresses a desire that the hearing before the commissioner of safety or the commissioner's designee be held in the county where the property in question was seized, that request shall be honored. Failure of the claimant to request a hearing for return of the property within the time provided shall constitute a waiver of all rights, title or interest the claimant may have in the property. (6) Within a reasonable time after the expiration of the ten-day period, the commissioner of safety or the commissioner's designee, upon a hearing when the matter is contested, shall determine the rights, title or interests of all claimants to the property. If a claimant establishes by a preponderance of the evidence the original identification numbers or marks of the property and the claimant's right, title, or interest of the property bearing that number or mark, the commissioner of safety, upon reimbursement for all towing, preservation and storage charges, shall release the property to the claimant, and the department of safety shall issue the claimant a permit to restore the original identification numbers or marks as provided under § 55-5-112(b) . If no claimant can establish in this manner the claimant's ownership of the property, the property shall be forfeited to the state. (7) Property forfeited under this section shall be sold by the department of general services as provided by law, or held and titled to the department of safety for its use. The commissioner of safety may contract for the towing, storage, and/or disposal through public auction of all property forfeited to the state. The proceeds of the sales shall be retained by the department of safety for use in vehicle investigations. However, in cases where the property was seized or taken into custody by a state, county or municipal law enforcement agency, the property shall be sold and the proceeds divided equally between the department of safety and the cooperating agency. Future forfeitures or proceeds shall not be anticipated in the adoption and approval of the budget for the department of safety, except expenditures from these proceeds shall be subject to the approval of the commissioner of finance and administration and the comptroller of the treasury. (8) Nothing in this section shall be construed to allow the seizure or impoundment by the department of safety or any other agency or individuals of any nonfactory-made trailers, logging trailers, or homemade trailers.
(1) As used in this subsection (b), unless the context otherwise requires, "property" means any vehicle, aircraft, boat or other vessel, special mobile equipment, boat trailer, mobile self-propelled construction, farm or forestry machinery, similar equipment, or any component part.
(2) Any property on which the manufacturer's serial number, engine number, transmission number, vehicle identification number, or other distinguishing number or identification mark has been removed, defaced, covered, altered, destroyed or otherwise rendered unidentifiable is hereby declared to be contraband and subject to forfeiture to the state. This subdivision (b)(2) applies to all persons, including, but not limited to, those persons designated in subsection (a). It is the duty of the commissioner or the commissioner's designee, and of any other state, county, or municipal law enforcement officer or campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, when such person has reason to believe that property constitutes contraband under this section, to seize and impound or otherwise take custody of the property on behalf of the department of safety.
(3) Where there is only one (1) claimant to the property seized or taken into the custody of the department of safety, the claimant may elect to give a bond payable to the state in an amount double the value of the property seized, with corporate sureties approved by the commissioner of safety or the commissioner's designee. If a claimant elects to give a bond, the commissioner of safety or the commissioner's designee has the discretion to deliver the property to the claimant, pending a hearing to determine whether or not the property constitutes contraband under this section. The condition of the bond shall be that the obligors shall pay to the state, through the department of safety, the amount of the bond upon failure of the claimant to surrender the property in substantially the same condition as when it was released, to the department of safety upon a final determination adverse to the claimant.
(4) Whenever any property believed to constitute contraband under this section comes into the custody of the commissioner of safety or the commissioner's designee, the person from whom the property was taken and any other possible claimant whose interest or title may be found of record in the department of safety shall be notified within a reasonable time. The notice shall be personally served or sent by certified mail, return receipt requested. If the department of safety is unable to determine with reasonable certainty the identities or addresses of all possible claimants, notice by one (1) publication in one (1) newspaper of general circulation in the area where the property was confiscated shall be adequate notice to all possible claimants. Notice by publication may contain multiple listings of property.
(5) Any claimant to a property that has come into the custody of the commissioner of safety or the commissioner's designee under this section shall have a right to a hearing before the commissioner of safety or the commissioner's designee under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and § 67-1-105(a) , upon written request or petition, within ten (10) days after receiving notice by personal service, certified mail or publication; provided, that after the hearing is conducted, a decision shall be rendered within forty-five (45) days unless good cause is shown why a longer time may be required. Claimants shall be advised of this right in the notice. The commissioner of safety may waive reimbursement for any or all towing, preservation, or storage charges as the equities of the case may require. If a claimant, in a written request or petition, expresses a desire that the hearing before the commissioner of safety or the commissioner's designee be held in the county where the property in question was seized, that request shall be honored. Failure of the claimant to request a hearing for return of the property within the time provided shall constitute a waiver of all rights, title or interest the claimant may have in the property.
(6) Within a reasonable time after the expiration of the ten-day period, the commissioner of safety or the commissioner's designee, upon a hearing when the matter is contested, shall determine the rights, title or interests of all claimants to the property. If a claimant establishes by a preponderance of the evidence the original identification numbers or marks of the property and the claimant's right, title, or interest of the property bearing that number or mark, the commissioner of safety, upon reimbursement for all towing, preservation and storage charges, shall release the property to the claimant, and the department of safety shall issue the claimant a permit to restore the original identification numbers or marks as provided under § 55-5-112(b) . If no claimant can establish in this manner the claimant's ownership of the property, the property shall be forfeited to the state.
(7) Property forfeited under this section shall be sold by the department of general services as provided by law, or held and titled to the department of safety for its use. The commissioner of safety may contract for the towing, storage, and/or disposal through public auction of all property forfeited to the state. The proceeds of the sales shall be retained by the department of safety for use in vehicle investigations. However, in cases where the property was seized or taken into custody by a state, county or municipal law enforcement agency, the property shall be sold and the proceeds divided equally between the department of safety and the cooperating agency. Future forfeitures or proceeds shall not be anticipated in the adoption and approval of the budget for the department of safety, except expenditures from these proceeds shall be subject to the approval of the commissioner of finance and administration and the comptroller of the treasury.
(8) Nothing in this section shall be construed to allow the seizure or impoundment by the department of safety or any other agency or individuals of any nonfactory-made trailers, logging trailers, or homemade trailers.
Amended by 2019 Tenn. Acts, ch. 190,s 1, eff. 7/1/2019.
Acts 1968, ch. 603, § 4; 1972, ch. 725, § 4; T.C.A., § 59-508; Acts 1980, ch. 896, § 1; 1982, ch. 692, § 1; 1984, ch. 924, §§ 1-9, 11, 12; 1986, ch. 900, § 1; 1988, ch. 954, § 1; 2007, ch. 106, § 11; 2007, ch. 484, § 67; 2010, ch. 1040, § 10.
Tenn. Code Ann. § 55-50-204 — TN Code / Title 55 / Chapter 50 / Section 55-50-204
Records to be kept by department - Fee for furnishing copies
Status: in_force

(a) The department of safety shall file every application for a license received by it and shall maintain suitable indicies containing in alphabetical order: (1) All applications denied, and on each thereof note the reasons for the denial; (2) All applications granted; and (3) The name of every licensee whose license has been suspended or revoked by the department, and after each name note the reasons for this action. (b) The department shall also file all accident reports, abstracts of court records of convictions and driver education or improvement course completion certification received by it under the laws of this state, and, in connection therewith, maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which the licensee has been involved and the driver education or improvement courses the licensee has completed shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. (c) (1) The department shall record and maintain as part of the driver history of persons holding or required to hold commercial driver licenses all convictions, disqualifications and other licensing actions for violations of any state or local law relating to motor vehicle traffic control, other than a parking violation, committed in any type of vehicle, in this state or any other state. (2) The department shall make driver history information required by this subsection (c) available to the users designated in subdivision (c)(4) or to their authorized agent within ten (10) days of: (A) Receiving the conviction or disqualification information from another state; or (B) The date of the conviction, if it occurred in the same state. (3) The department shall retain on the driver history record all convictions, disqualifications and other licensing actions for violations for at least three (3) years or longer as required under 49 CFR 384.231(d) . (4) Only the following users or their authorized agents may receive the designated information: (A) States: All information on all driver records; (B) The secretary of transportation: All information on all driver records; (C) The driver: Only information related to that driver's record; and (D) A motor carrier or prospective motor carrier: After notification to a driver, all information related to that driver's or prospective driver's record. (d) (1) The department shall charge and collect a fee of five dollars ($5.00) for preparing and furnishing copies of the records. All fees so collected shall constitute expendable receipts of the department. (2) The department shall not include the social security number of any person who has been issued a driver license in this state, including a commercial driver license, in copies of the records sold pursuant to this section. (3) The department shall maintain information concerning the completion of a driver education or improvement course for administrative purposes or court use only. The department shall not include information concerning the completion of a driver education or improvement course in copies of records sold pursuant to this section. (e) The department shall maintain a copy of all licenses as issued. (f) This section is also applicable when the department issues a photo identification license, intermediate driver license, learner permit, temporary driver license, temporary learner permit, temporary intermediate driver license, or temporary photo identification license. Acts 1937, ch. 90, § 10; impl. am. Acts 1939, ch. 205, §§ 2, 3; C. Supp. 1950, § 2715.18 (Williams, § 2715.23); Acts 1961, ch. 94, § 1; 1967, ch. 102, § 1; 1969, ch. 213, § 1; T.C.A. (orig. ed.), § 59-711; Acts 1980, ch. 817, § 2; 1988, ch. 584, § 10; T.C.A. §§ 55-7-111 , 55-7-204 ; Acts 1999, ch. 44, § 3; 2007 , ch. 194, § 4; 2008 , ch. 1181, §§ 3, 4; 2009 , ch. 321, § 15.
(a) The department of safety shall file every application for a license received by it and shall maintain suitable indicies containing in alphabetical order: (1) All applications denied, and on each thereof note the reasons for the denial; (2) All applications granted; and (3) The name of every licensee whose license has been suspended or revoked by the department, and after each name note the reasons for this action.
(1) All applications denied, and on each thereof note the reasons for the denial;
(2) All applications granted; and
(3) The name of every licensee whose license has been suspended or revoked by the department, and after each name note the reasons for this action.
(b) The department shall also file all accident reports, abstracts of court records of convictions and driver education or improvement course completion certification received by it under the laws of this state, and, in connection therewith, maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which the licensee has been involved and the driver education or improvement courses the licensee has completed shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times.
(c) (1) The department shall record and maintain as part of the driver history of persons holding or required to hold commercial driver licenses all convictions, disqualifications and other licensing actions for violations of any state or local law relating to motor vehicle traffic control, other than a parking violation, committed in any type of vehicle, in this state or any other state. (2) The department shall make driver history information required by this subsection (c) available to the users designated in subdivision (c)(4) or to their authorized agent within ten (10) days of: (A) Receiving the conviction or disqualification information from another state; or (B) The date of the conviction, if it occurred in the same state. (3) The department shall retain on the driver history record all convictions, disqualifications and other licensing actions for violations for at least three (3) years or longer as required under 49 CFR 384.231(d) . (4) Only the following users or their authorized agents may receive the designated information: (A) States: All information on all driver records; (B) The secretary of transportation: All information on all driver records; (C) The driver: Only information related to that driver's record; and (D) A motor carrier or prospective motor carrier: After notification to a driver, all information related to that driver's or prospective driver's record.
(1) The department shall record and maintain as part of the driver history of persons holding or required to hold commercial driver licenses all convictions, disqualifications and other licensing actions for violations of any state or local law relating to motor vehicle traffic control, other than a parking violation, committed in any type of vehicle, in this state or any other state.
(2) The department shall make driver history information required by this subsection (c) available to the users designated in subdivision (c)(4) or to their authorized agent within ten (10) days of: (A) Receiving the conviction or disqualification information from another state; or (B) The date of the conviction, if it occurred in the same state.
(A) Receiving the conviction or disqualification information from another state; or
(B) The date of the conviction, if it occurred in the same state.
(3) The department shall retain on the driver history record all convictions, disqualifications and other licensing actions for violations for at least three (3) years or longer as required under 49 CFR 384.231(d) .
(4) Only the following users or their authorized agents may receive the designated information: (A) States: All information on all driver records; (B) The secretary of transportation: All information on all driver records; (C) The driver: Only information related to that driver's record; and (D) A motor carrier or prospective motor carrier: After notification to a driver, all information related to that driver's or prospective driver's record.
(A) States: All information on all driver records;
(B) The secretary of transportation: All information on all driver records;
(C) The driver: Only information related to that driver's record; and
(D) A motor carrier or prospective motor carrier: After notification to a driver, all information related to that driver's or prospective driver's record.
(d) (1) The department shall charge and collect a fee of five dollars ($5.00) for preparing and furnishing copies of the records. All fees so collected shall constitute expendable receipts of the department. (2) The department shall not include the social security number of any person who has been issued a driver license in this state, including a commercial driver license, in copies of the records sold pursuant to this section. (3) The department shall maintain information concerning the completion of a driver education or improvement course for administrative purposes or court use only. The department shall not include information concerning the completion of a driver education or improvement course in copies of records sold pursuant to this section.
(1) The department shall charge and collect a fee of five dollars ($5.00) for preparing and furnishing copies of the records. All fees so collected shall constitute expendable receipts of the department.
(2) The department shall not include the social security number of any person who has been issued a driver license in this state, including a commercial driver license, in copies of the records sold pursuant to this section.
(3) The department shall maintain information concerning the completion of a driver education or improvement course for administrative purposes or court use only. The department shall not include information concerning the completion of a driver education or improvement course in copies of records sold pursuant to this section.
(e) The department shall maintain a copy of all licenses as issued.
(f) This section is also applicable when the department issues a photo identification license, intermediate driver license, learner permit, temporary driver license, temporary learner permit, temporary intermediate driver license, or temporary photo identification license.
Acts 1937, ch. 90, § 10; impl. am. Acts 1939, ch. 205, §§ 2, 3; C. Supp. 1950, § 2715.18 (Williams, § 2715.23); Acts 1961, ch. 94, § 1; 1967, ch. 102, § 1; 1969, ch. 213, § 1; T.C.A. (orig. ed.), § 59-711; Acts 1980, ch. 817, § 2; 1988, ch. 584, § 10; T.C.A. §§ 55-7-111 , 55-7-204 ; Acts 1999, ch. 44, § 3; 2007 , ch. 194, § 4; 2008 , ch. 1181, §§ 3, 4; 2009 , ch. 321, § 15.
Tenn. Code Ann. § 55-30-101 — TN Code / Title 55 / Chapter 30 / Section 55-30-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Automated Vehicles Act." Added by 2017 Tenn. Acts, ch. 474,s 16, eff. 6/6/2017.
This chapter shall be known and may be cited as the "Automated Vehicles Act."
Added by 2017 Tenn. Acts, ch. 474,s 16, eff. 6/6/2017.
Tenn. Code Ann. § 55-8-158 — TN Code / Title 55 / Chapter 8 / Section 55-8-158
Stopping, standing or parking outside of business or residential districts, and entrance or exit ramps of highways
Status: in_force

(a) Upon any highway outside of a business or residential district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park or so leave the vehicle off such part of the highway, but in every event an unobstructed width of the highway opposite a standing vehicle of not less than eighteen feet (18') shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of two hundred feet (200') in each direction upon such highway. (b) (1) This section shall not apply to the driver of any vehicle that is disabled while on the paved or main-traveled portion of a highway in a manner and to an extent that it is impossible to avoid stopping and temporarily leaving that disabled vehicle in such position. (2) This section shall not apply to the driver of any vehicle operating as a carrier of passengers for hire and holding a certificate of convenience and necessity, or interstate permit issued by the department of safety or any local regulatory transit authority of the state authorizing the operation of that vehicle upon the roads, streets or highways in Tennessee, while taking passengers on that vehicle, or discharging passengers therefrom; provided, that in every event an unobstructed lane of travel of the highway opposite the standing vehicle shall be left for free passage of other vehicles and a clear view of that stopped vehicle shall be available from a distance of two hundred feet (200') in either direction upon the highway. (3) This section does not apply to a solid waste vehicle while on the paved or improved main traveled portion of a road, street or highway in a manner and to an extent as is necessary for the sole purpose of collecting municipal solid waste, as defined by § 68-211-802 ; provided, that such vehicle shall maintain flashing hazard lights at all times while it is stopping or standing; and provided further, that the vehicle is stopped so that a clear view of the stopped vehicle is available from a distance of two hundred feet (200') in either direction upon the highway. In addition to flashing hazard lights, these vehicles shall be required to maintain special lights visible from both the front and the rear indicating that the truck is stopped. The department of safety is authorized to promulgate rules and regulations regarding special lighting required by this subdivision (b)(3). This subdivision (b)(3) does not preclude any claimant from pursuing a common law claim for recovery pursuant to common law negligence. (4) Subsection (a) does not apply to a recycling vehicle while on the paved or improved main traveled portion of a road, street, or highway in a manner and to an extent as is necessary for the sole purpose of collecting or transporting recovered materials or recyclable materials; provided, that the vehicle shall maintain flashing hazard lights at all times while it is stopping or standing; provided further, that the vehicle is stopped or standing so that a clear view of the vehicle shall be available from a distance of two hundred feet (200') in either direction upon the highway. This subdivision (b)(4) does not preclude any claimant from pursuing a common law claim for recovery pursuant to common law negligence. (c) Notwithstanding subsection (a), no person shall stop, park or leave any motor vehicle, whether attended or unattended, upon the paved or unpaved portions of any entrance or exit ramp of any highway; provided, that a driver of a motor vehicle that has become disabled may leave the vehicle on an entrance or exit ramp until such time as the disabled motor vehicle can be repaired or towed, as long as the vehicle is not obstructing the passage of other motor vehicles. Furthermore, the department may take into consideration an emergency situation or compliance with federal laws. Amended by 2016 Tenn. Acts, ch. 584,s 2, eff. 7/1/2016. Acts 1955, ch. 329, § 58; 1957, ch. 86, § 1; T.C.A., § 59-859; Acts 1992, ch. 784, §§ 2, 4; 1995, ch. 305, § 113; 2008, ch. 693, § 1.
(a) Upon any highway outside of a business or residential district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park or so leave the vehicle off such part of the highway, but in every event an unobstructed width of the highway opposite a standing vehicle of not less than eighteen feet (18') shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of two hundred feet (200') in each direction upon such highway.
(b) (1) This section shall not apply to the driver of any vehicle that is disabled while on the paved or main-traveled portion of a highway in a manner and to an extent that it is impossible to avoid stopping and temporarily leaving that disabled vehicle in such position. (2) This section shall not apply to the driver of any vehicle operating as a carrier of passengers for hire and holding a certificate of convenience and necessity, or interstate permit issued by the department of safety or any local regulatory transit authority of the state authorizing the operation of that vehicle upon the roads, streets or highways in Tennessee, while taking passengers on that vehicle, or discharging passengers therefrom; provided, that in every event an unobstructed lane of travel of the highway opposite the standing vehicle shall be left for free passage of other vehicles and a clear view of that stopped vehicle shall be available from a distance of two hundred feet (200') in either direction upon the highway. (3) This section does not apply to a solid waste vehicle while on the paved or improved main traveled portion of a road, street or highway in a manner and to an extent as is necessary for the sole purpose of collecting municipal solid waste, as defined by § 68-211-802 ; provided, that such vehicle shall maintain flashing hazard lights at all times while it is stopping or standing; and provided further, that the vehicle is stopped so that a clear view of the stopped vehicle is available from a distance of two hundred feet (200') in either direction upon the highway. In addition to flashing hazard lights, these vehicles shall be required to maintain special lights visible from both the front and the rear indicating that the truck is stopped. The department of safety is authorized to promulgate rules and regulations regarding special lighting required by this subdivision (b)(3). This subdivision (b)(3) does not preclude any claimant from pursuing a common law claim for recovery pursuant to common law negligence. (4) Subsection (a) does not apply to a recycling vehicle while on the paved or improved main traveled portion of a road, street, or highway in a manner and to an extent as is necessary for the sole purpose of collecting or transporting recovered materials or recyclable materials; provided, that the vehicle shall maintain flashing hazard lights at all times while it is stopping or standing; provided further, that the vehicle is stopped or standing so that a clear view of the vehicle shall be available from a distance of two hundred feet (200') in either direction upon the highway. This subdivision (b)(4) does not preclude any claimant from pursuing a common law claim for recovery pursuant to common law negligence.
(1) This section shall not apply to the driver of any vehicle that is disabled while on the paved or main-traveled portion of a highway in a manner and to an extent that it is impossible to avoid stopping and temporarily leaving that disabled vehicle in such position.
(2) This section shall not apply to the driver of any vehicle operating as a carrier of passengers for hire and holding a certificate of convenience and necessity, or interstate permit issued by the department of safety or any local regulatory transit authority of the state authorizing the operation of that vehicle upon the roads, streets or highways in Tennessee, while taking passengers on that vehicle, or discharging passengers therefrom; provided, that in every event an unobstructed lane of travel of the highway opposite the standing vehicle shall be left for free passage of other vehicles and a clear view of that stopped vehicle shall be available from a distance of two hundred feet (200') in either direction upon the highway.
(3) This section does not apply to a solid waste vehicle while on the paved or improved main traveled portion of a road, street or highway in a manner and to an extent as is necessary for the sole purpose of collecting municipal solid waste, as defined by § 68-211-802 ; provided, that such vehicle shall maintain flashing hazard lights at all times while it is stopping or standing; and provided further, that the vehicle is stopped so that a clear view of the stopped vehicle is available from a distance of two hundred feet (200') in either direction upon the highway. In addition to flashing hazard lights, these vehicles shall be required to maintain special lights visible from both the front and the rear indicating that the truck is stopped. The department of safety is authorized to promulgate rules and regulations regarding special lighting required by this subdivision (b)(3). This subdivision (b)(3) does not preclude any claimant from pursuing a common law claim for recovery pursuant to common law negligence.
(4) Subsection (a) does not apply to a recycling vehicle while on the paved or improved main traveled portion of a road, street, or highway in a manner and to an extent as is necessary for the sole purpose of collecting or transporting recovered materials or recyclable materials; provided, that the vehicle shall maintain flashing hazard lights at all times while it is stopping or standing; provided further, that the vehicle is stopped or standing so that a clear view of the vehicle shall be available from a distance of two hundred feet (200') in either direction upon the highway. This subdivision (b)(4) does not preclude any claimant from pursuing a common law claim for recovery pursuant to common law negligence.
(c) Notwithstanding subsection (a), no person shall stop, park or leave any motor vehicle, whether attended or unattended, upon the paved or unpaved portions of any entrance or exit ramp of any highway; provided, that a driver of a motor vehicle that has become disabled may leave the vehicle on an entrance or exit ramp until such time as the disabled motor vehicle can be repaired or towed, as long as the vehicle is not obstructing the passage of other motor vehicles. Furthermore, the department may take into consideration an emergency situation or compliance with federal laws.
Amended by 2016 Tenn. Acts, ch. 584,s 2, eff. 7/1/2016.
Acts 1955, ch. 329, § 58; 1957, ch. 86, § 1; T.C.A., § 59-859; Acts 1992, ch. 784, §§ 2, 4; 1995, ch. 305, § 113; 2008, ch. 693, § 1.
Tenn. Code Ann. § 55-12-105 — TN Code / Title 55 / Chapter 12 / Section 55-12-105
Security deposit following accident - Acceptable proof of financial security - Revocation of registration or operating privileges for failure to deposit security - Notice - Appeal
Status: in_force

(a) The commissioner shall, upon receiving an accident report of an accident occurring in this state that has resulted in bodily injury, or death, or damage to the property of any one (1) person in excess of one thousand five hundred dollars ($1,500), and upon determining that there is a reasonable possibility of a judgment against the owner, operator, or both, and upon receiving notice of a claim filed against the owner, operator, or both, revoke the license and shall request the commissioner of revenue to immediately revoke all registrations of the owner, operator, or both, of a motor vehicle involved in the accident, and in case of a nonresident, the privilege of operating a motor vehicle within this state and of the use within this state of any motor vehicle owned by the nonresident, unless the operator, owner, or both, deposits security in a sum that shall be sufficient in the judgment of the commissioner, and in no event less than one thousand five hundred dollars ($1,500), to satisfy any judgment or judgments resulting from the accident that may be recovered against the operator, owner, or both. (b) The following, and only the following, shall be acceptable proof of financial security: (1) Filing of written proof of insurance coverage with the commissioner on forms approved by the commissioner; (2) The deposit of cash with the commissioner of no less than the amount specified in § 55-12-102 , or in the total amount of all damages suffered, whichever is less, subject to a minimum deposit of one thousand five hundred dollars ($1,500); (3) The execution and filing of a bond with the commissioner of no less than the amount specified in § 55-12-102 , or in the total amount of all damages suffered, whichever is less, subject to a minimum bond of one thousand five hundred dollars ($1,500); or (4) The submission to the commissioner of notarized releases executed by all parties who had previously filed claims with the department as a result of the accident. (c) Any notice of revocation issued under this section shall be sent by United States mail to the last known address of the operator and owner not less than twenty (20) days prior to the effective date of revocation, and shall state the amount required as security, and that the operator, owner, or both are entitled to an administrative hearing conducted by the commissioner of safety or the commissioner's delegate pursuant to a request under § 55-12-103(a) . Any request for an administrative hearing must be submitted in writing on or before the effective date of the proposed revocation. (d) Notwithstanding this section to the contrary, if an accident results in damage to state or local government property in excess of four hundred dollars ($400), then this section shall apply, and if a deposit of cash or an execution and filing of a bond is made as proof of financial security, then the minimum security deposit or bond is five hundred dollars ($500). Amended by 2018 Tenn. Acts, ch. 555,Secs.s5, s8 eff. 1/1/2019. Amended by 2018 Tenn. Acts, ch. 555,s 4, eff. 1/1/2019. Acts 1977, ch. 446, § 5; T.C.A., § 59-1255; Acts 1983, ch. 53, § 3; 1986, ch. 842, § 18; 1989, ch. 263, § 4; 2007, ch. 484, § 80.
(a) The commissioner shall, upon receiving an accident report of an accident occurring in this state that has resulted in bodily injury, or death, or damage to the property of any one (1) person in excess of one thousand five hundred dollars ($1,500), and upon determining that there is a reasonable possibility of a judgment against the owner, operator, or both, and upon receiving notice of a claim filed against the owner, operator, or both, revoke the license and shall request the commissioner of revenue to immediately revoke all registrations of the owner, operator, or both, of a motor vehicle involved in the accident, and in case of a nonresident, the privilege of operating a motor vehicle within this state and of the use within this state of any motor vehicle owned by the nonresident, unless the operator, owner, or both, deposits security in a sum that shall be sufficient in the judgment of the commissioner, and in no event less than one thousand five hundred dollars ($1,500), to satisfy any judgment or judgments resulting from the accident that may be recovered against the operator, owner, or both.
(b) The following, and only the following, shall be acceptable proof of financial security: (1) Filing of written proof of insurance coverage with the commissioner on forms approved by the commissioner; (2) The deposit of cash with the commissioner of no less than the amount specified in § 55-12-102 , or in the total amount of all damages suffered, whichever is less, subject to a minimum deposit of one thousand five hundred dollars ($1,500); (3) The execution and filing of a bond with the commissioner of no less than the amount specified in § 55-12-102 , or in the total amount of all damages suffered, whichever is less, subject to a minimum bond of one thousand five hundred dollars ($1,500); or (4) The submission to the commissioner of notarized releases executed by all parties who had previously filed claims with the department as a result of the accident.
(1) Filing of written proof of insurance coverage with the commissioner on forms approved by the commissioner;
(2) The deposit of cash with the commissioner of no less than the amount specified in § 55-12-102 , or in the total amount of all damages suffered, whichever is less, subject to a minimum deposit of one thousand five hundred dollars ($1,500);
(3) The execution and filing of a bond with the commissioner of no less than the amount specified in § 55-12-102 , or in the total amount of all damages suffered, whichever is less, subject to a minimum bond of one thousand five hundred dollars ($1,500); or
(4) The submission to the commissioner of notarized releases executed by all parties who had previously filed claims with the department as a result of the accident.
(c) Any notice of revocation issued under this section shall be sent by United States mail to the last known address of the operator and owner not less than twenty (20) days prior to the effective date of revocation, and shall state the amount required as security, and that the operator, owner, or both are entitled to an administrative hearing conducted by the commissioner of safety or the commissioner's delegate pursuant to a request under § 55-12-103(a) . Any request for an administrative hearing must be submitted in writing on or before the effective date of the proposed revocation.
(d) Notwithstanding this section to the contrary, if an accident results in damage to state or local government property in excess of four hundred dollars ($400), then this section shall apply, and if a deposit of cash or an execution and filing of a bond is made as proof of financial security, then the minimum security deposit or bond is five hundred dollars ($500).
Amended by 2018 Tenn. Acts, ch. 555,Secs.s5, s8 eff. 1/1/2019.
Amended by 2018 Tenn. Acts, ch. 555,s 4, eff. 1/1/2019.
Acts 1977, ch. 446, § 5; T.C.A., § 59-1255; Acts 1983, ch. 53, § 3; 1986, ch. 842, § 18; 1989, ch. 263, § 4; 2007, ch. 484, § 80.
Tenn. Code Ann. § 55-31-303 — TN Code / Title 55 / Chapter 31 / Section 55-31-303
Auctions and auctioneers
Status: in_force

(a) If an abandoned, immobile, or unattended motor vehicle has not been reclaimed as provided for in § 55-31-302 , then the police department must sell the abandoned, immobile, or unattended motor vehicle at a public auction. (b) The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, must receive a sales receipt from the police department, and, upon presentation of the sales receipt, the department of revenue shall issue a certificate of title to the purchaser. (c) The sales receipt only is sufficient title for purposes of transferring the motor vehicle to a demolisher for demolition, wrecking, or dismantling, and, in this case, further titling of the motor vehicle is not necessary. (d) The proceeds of the sale of an abandoned, immobile, or unattended motor vehicle must be used for payment of the expenses of the auction, the costs of towing, preserving, and storing the abandoned, immobile, or unattended motor vehicle, and all notice and publication costs, including costs to post the motor vehicle on the motor vehicle portal, incurred pursuant to § 55-31-302 . (e) Any remainder from the proceeds of a sale must be held for the owner of the motor vehicle or entitled lienholder for sixty (60) days, and then must be deposited in a special fund that must remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs, including costs to post the motor vehicle on the motor vehicle portal, that result from placing other abandoned, immobile, or unattended vehicles in custody, whenever the proceeds from a sale of other abandoned, immobile, or unattended motor vehicles are insufficient to meet these expenses and costs. Added by 2024 Tenn. Acts, ch. 1017,s 4, eff. 7/1/2024.
(a) If an abandoned, immobile, or unattended motor vehicle has not been reclaimed as provided for in § 55-31-302 , then the police department must sell the abandoned, immobile, or unattended motor vehicle at a public auction.
(b) The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, must receive a sales receipt from the police department, and, upon presentation of the sales receipt, the department of revenue shall issue a certificate of title to the purchaser.
(c) The sales receipt only is sufficient title for purposes of transferring the motor vehicle to a demolisher for demolition, wrecking, or dismantling, and, in this case, further titling of the motor vehicle is not necessary.
(d) The proceeds of the sale of an abandoned, immobile, or unattended motor vehicle must be used for payment of the expenses of the auction, the costs of towing, preserving, and storing the abandoned, immobile, or unattended motor vehicle, and all notice and publication costs, including costs to post the motor vehicle on the motor vehicle portal, incurred pursuant to § 55-31-302 .
(e) Any remainder from the proceeds of a sale must be held for the owner of the motor vehicle or entitled lienholder for sixty (60) days, and then must be deposited in a special fund that must remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs, including costs to post the motor vehicle on the motor vehicle portal, that result from placing other abandoned, immobile, or unattended vehicles in custody, whenever the proceeds from a sale of other abandoned, immobile, or unattended motor vehicles are insufficient to meet these expenses and costs.
Added by 2024 Tenn. Acts, ch. 1017,s 4, eff. 7/1/2024.
Tenn. Code Ann. § 55-4-270 — TN Code / Title 55 / Chapter 4 / Section 55-4-270
United States coast guard auxiliary
Status: in_force

(a) An owner or lessee of a motor vehicle who is a resident of this state and who is certified as a member in good standing of the United States coast guard auxiliary, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a United States coast guard auxiliary special purpose license plate for a motor vehicle authorized by § 55-4-210(c) . (b) The application for the plates shall be accompanied by a written statement from the commanding officer of the United States coast guard auxiliary certifying the applicant to be a member in good standing of the organization. (c) The special purpose license plates shall bear the official seal of the United States coast guard auxiliary and shall bear the language "U.S. Coast Guard Auxiliary" in an appropriate design. The plates shall be designed in consultation with the commanding officer of the United States coast guard auxiliary. (d) (1) Within thirty (30) days of terminating membership in the United States coast guard auxiliary, a motor vehicle owner or lessee to whom a license plate has been issued pursuant to this section shall surrender the plate to the county clerk of the county of the applicant's residence. (2) The commanding officer of the United States coast guard auxiliary shall provide biannually to the department the names and addresses of all persons whose membership in the United States coast guard auxiliary has been terminated during such period, together with such other identifying information as the commissioner may require. Amended by 2018 Tenn. Acts, ch. 1023,s 49, eff. 7/1/2018. Acts 2008, ch. 1165, § 6.
(a) An owner or lessee of a motor vehicle who is a resident of this state and who is certified as a member in good standing of the United States coast guard auxiliary, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a United States coast guard auxiliary special purpose license plate for a motor vehicle authorized by § 55-4-210(c) .
(b) The application for the plates shall be accompanied by a written statement from the commanding officer of the United States coast guard auxiliary certifying the applicant to be a member in good standing of the organization.
(c) The special purpose license plates shall bear the official seal of the United States coast guard auxiliary and shall bear the language "U.S. Coast Guard Auxiliary" in an appropriate design. The plates shall be designed in consultation with the commanding officer of the United States coast guard auxiliary.
(d) (1) Within thirty (30) days of terminating membership in the United States coast guard auxiliary, a motor vehicle owner or lessee to whom a license plate has been issued pursuant to this section shall surrender the plate to the county clerk of the county of the applicant's residence. (2) The commanding officer of the United States coast guard auxiliary shall provide biannually to the department the names and addresses of all persons whose membership in the United States coast guard auxiliary has been terminated during such period, together with such other identifying information as the commissioner may require.
(1) Within thirty (30) days of terminating membership in the United States coast guard auxiliary, a motor vehicle owner or lessee to whom a license plate has been issued pursuant to this section shall surrender the plate to the county clerk of the county of the applicant's residence.
(2) The commanding officer of the United States coast guard auxiliary shall provide biannually to the department the names and addresses of all persons whose membership in the United States coast guard auxiliary has been terminated during such period, together with such other identifying information as the commissioner may require.
Amended by 2018 Tenn. Acts, ch. 1023,s 49, eff. 7/1/2018.
Acts 2008, ch. 1165, § 6.
Tenn. Code Ann. § 55-25-104 — TN Code / Title 55 / Chapter 25 / Section 55-25-104
Disclosure of personal information prohibited
Status: in_force

Notwithstanding any other law to the contrary, except as provided in §§ 55-25-105 - 55-25-107, the department, and any officer, employee, agent or contractor thereof, shall not disclose personal information about any person obtained by the department in connection with a motor vehicle record. Acts 1996, ch. 745, § 4.
Notwithstanding any other law to the contrary, except as provided in §§ 55-25-105 - 55-25-107, the department, and any officer, employee, agent or contractor thereof, shall not disclose personal information about any person obtained by the department in connection with a motor vehicle record.
Acts 1996, ch. 745, § 4.
Tenn. Code Ann. § 55-4-375 — TN Code / Title 55 / Chapter 4 / Section 55-4-375
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 250, s 1, eff. 7/1/2023. Added by 2022 Tenn. Acts, ch. 968, s 18, eff. 7/1/2022.
Repealed by 2023 Tenn. Acts, ch. 250, s 1, eff. 7/1/2023.
Added by 2022 Tenn. Acts, ch. 968, s 18, eff. 7/1/2022.
Tenn. Code Ann. § 55-12-205 — TN Code / Title 55 / Chapter 12 / Section 55-12-205
Requirements of program
Status: in_force

The program shall: (1) Be an accessible common carrier based system for online electronic verification and data transfers of proof of motor vehicle liability insurance in accordance with IICMVA specifications and standards; (2) Verify, on an on-demand basis minus reasonable downtime for system maintenance as agreed upon by the department of revenue, or its designated agent, and the insurer, the liability insurance status of a motor vehicle, whose status is determined: (A) As of the time of the inquiry; or (B) At other times not exceeding six (6) months prior to the inquiry unless otherwise agreed upon by the commissioner of revenue, or its designated agent, and the insurer; (3) (A) In an effort to confirm the liability insurance status of a motor vehicle in instances where the program is unable to verify the liability insurance status, require automobile liability insurers that choose only to utilize the IICMVA model to: (i) Accept unknown carrier requests; or (ii) Provide upon request either: (a) A full book of business as described in § 55-12-207 , current to the date of the request; or (b) A list of vehicle identification numbers of all vehicles currently insured by the automobile liability insurer; (B) The information in subdivision (3)(A)(ii) shall be requested no more frequently than quarterly and the automobile liability insurer may freely choose between the options described in subdivisions (3)(A)(ii)( a ) and ( b ). (4) Use, as warranted, multiple data elements to make insurance verification inquiries more accurately by utilizing: (A) The automobile liability insurer's NAIC code; (B) Vehicle identification numbers; (C) Insurance policy numbers or policy key; (D) The date of the verification request; and (E) Other data elements as set forth in the most recent version of the IICMVA Model User Guide for Implementing Online Insurance Verification; (5) Provide sufficient measures for the security and integrity of data collected by the program; (6) Limit the usage of the information obtained through the operation of the program to the department of revenue, the department of safety, the department of commerce and insurance, law enforcement, and the judiciary to effectuate the purposes of this chapter; (7) Utilize open data and data transmission standards as determined by the department of revenue by rule; (8) Send requests to automobile liability insurers for verification of evidence of financial responsibility via online services established by the automobile liability insurers, or offered through a similar proprietary or common carrier electronic system in compliance with the specifications and standards of the IICMVA; (9) Respond to a verification request within a time period established by the department of revenue, or its designated agent, and consistent with the most recent version of the IICMVA Model User Guide for Implementing Online Insurance Verification; and (10) Work in conjunction with existing state programs and systems related to this title if necessary to carry out this part. Added by 2015 Tenn. Acts, ch. 511, s 1, eff. 1/1/2016.
The program shall:
(1) Be an accessible common carrier based system for online electronic verification and data transfers of proof of motor vehicle liability insurance in accordance with IICMVA specifications and standards;
(2) Verify, on an on-demand basis minus reasonable downtime for system maintenance as agreed upon by the department of revenue, or its designated agent, and the insurer, the liability insurance status of a motor vehicle, whose status is determined: (A) As of the time of the inquiry; or (B) At other times not exceeding six (6) months prior to the inquiry unless otherwise agreed upon by the commissioner of revenue, or its designated agent, and the insurer;
(A) As of the time of the inquiry; or
(B) At other times not exceeding six (6) months prior to the inquiry unless otherwise agreed upon by the commissioner of revenue, or its designated agent, and the insurer;
(3) (A) In an effort to confirm the liability insurance status of a motor vehicle in instances where the program is unable to verify the liability insurance status, require automobile liability insurers that choose only to utilize the IICMVA model to: (i) Accept unknown carrier requests; or (ii) Provide upon request either: (a) A full book of business as described in § 55-12-207 , current to the date of the request; or (b) A list of vehicle identification numbers of all vehicles currently insured by the automobile liability insurer; (B) The information in subdivision (3)(A)(ii) shall be requested no more frequently than quarterly and the automobile liability insurer may freely choose between the options described in subdivisions (3)(A)(ii)( a ) and ( b ).
(A) In an effort to confirm the liability insurance status of a motor vehicle in instances where the program is unable to verify the liability insurance status, require automobile liability insurers that choose only to utilize the IICMVA model to: (i) Accept unknown carrier requests; or (ii) Provide upon request either: (a) A full book of business as described in § 55-12-207 , current to the date of the request; or (b) A list of vehicle identification numbers of all vehicles currently insured by the automobile liability insurer;
(i) Accept unknown carrier requests; or
(ii) Provide upon request either: (a) A full book of business as described in § 55-12-207 , current to the date of the request; or (b) A list of vehicle identification numbers of all vehicles currently insured by the automobile liability insurer;
(a) A full book of business as described in § 55-12-207 , current to the date of the request; or
(b) A list of vehicle identification numbers of all vehicles currently insured by the automobile liability insurer;
(B) The information in subdivision (3)(A)(ii) shall be requested no more frequently than quarterly and the automobile liability insurer may freely choose between the options described in subdivisions (3)(A)(ii)( a ) and ( b ).
(4) Use, as warranted, multiple data elements to make insurance verification inquiries more accurately by utilizing: (A) The automobile liability insurer's NAIC code; (B) Vehicle identification numbers; (C) Insurance policy numbers or policy key; (D) The date of the verification request; and (E) Other data elements as set forth in the most recent version of the IICMVA Model User Guide for Implementing Online Insurance Verification;
(A) The automobile liability insurer's NAIC code;
(B) Vehicle identification numbers;
(C) Insurance policy numbers or policy key;
(D) The date of the verification request; and
(E) Other data elements as set forth in the most recent version of the IICMVA Model User Guide for Implementing Online Insurance Verification;
(5) Provide sufficient measures for the security and integrity of data collected by the program;
(6) Limit the usage of the information obtained through the operation of the program to the department of revenue, the department of safety, the department of commerce and insurance, law enforcement, and the judiciary to effectuate the purposes of this chapter;
(7) Utilize open data and data transmission standards as determined by the department of revenue by rule;
(8) Send requests to automobile liability insurers for verification of evidence of financial responsibility via online services established by the automobile liability insurers, or offered through a similar proprietary or common carrier electronic system in compliance with the specifications and standards of the IICMVA;
(9) Respond to a verification request within a time period established by the department of revenue, or its designated agent, and consistent with the most recent version of the IICMVA Model User Guide for Implementing Online Insurance Verification; and
(10) Work in conjunction with existing state programs and systems related to this title if necessary to carry out this part.
Added by 2015 Tenn. Acts, ch. 511, s 1, eff. 1/1/2016.
Tenn. Code Ann. § 55-17-416 — TN Code / Title 55 / Chapter 17 / Section 55-17-416
Operation of one additional business at established place of business
Status: in_force

A recreational vehicle dealer licensed to sell recreational vehicles may operate one (1) additional business at the recreational vehicle dealer's established place of business; provided, at least sixty-six percent (66%) of the recreational vehicle dealer's established place of business is used for the sale or service, or both, of recreational vehicles and that the income derived from the additional business is less than thirty-three percent (33%) of the gross income of the dealership. The recreational vehicle dealer may also install signs at the dealer's established place of business for the purpose of advertising the other business. Added by 2016 Tenn. Acts, ch. 781,s 10, eff. 1/1/2017.
A recreational vehicle dealer licensed to sell recreational vehicles may operate one (1) additional business at the recreational vehicle dealer's established place of business; provided, at least sixty-six percent (66%) of the recreational vehicle dealer's established place of business is used for the sale or service, or both, of recreational vehicles and that the income derived from the additional business is less than thirty-three percent (33%) of the gross income of the dealership. The recreational vehicle dealer may also install signs at the dealer's established place of business for the purpose of advertising the other business.
Added by 2016 Tenn. Acts, ch. 781,s 10, eff. 1/1/2017.
Tenn. Code Ann. § 55-50-505 — TN Code / Title 55 / Chapter 50 / Section 55-50-505
Driver improvement program - Points - Suspension - Restrictions - Incompetent or unqualified drivers - Reexamination
Status: in_force

(a) (1) (A) The department shall conduct a driver improvement program whereby it is authorized to evaluate driver records based on accidents and/or convictions for traffic violations of the drivers, and may assign a point value according to the seriousness of the accident or moving traffic violation conviction. (B) When the records of the department indicate that a person has been convicted of moving traffic violations or involved in accidents and has accumulated sufficient points, the department may notify the person in writing that the person's driving privilege is being placed under suspension. Notice is to be sent by United States mail to the last known address and will notify the person that the person may request a hearing to determine whether or not the suspension action is proper. (C) (i) The commissioner is authorized to establish reasonable rules and regulations to determine the number of points to be assigned for convictions of moving traffic violations and involvement in accidents, to establish the number of points needed for suspension action, and may establish regulations and procedures for the rehabilitation of the person involved to attempt to ensure that the person is a safer driver. (ii) The commissioner shall not add points to a driver record involving any accident that was reported on the Tennessee Uniform Traffic Crash Report as a "vehicle special use (09) police," "(10) ambulance," or "(11) fire apparatus" and on which the report indicates the driver presence as "driver operated government vehicle"; provided, that the driver is not charged with vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 , aggravated vehicular homicide under § 39-13-218 , reckless driving under § 55-10-205 , or driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401 . (D) Prior to reinstatement of the license, the person shall file and maintain proof of financial responsibility as required under § 55-12-114 and pay the restoration fee as required under § 55-12-126 . (2) Drivers subject to subdivision (a)(1) who are less than eighteen (18) years of age on the event date of any crash or moving traffic violation shall be required to file proof of financial responsibility pursuant to chapter 12 of this title. (b) The department may, upon receiving evidence sufficient to establish that a licensed driver is incompetent or otherwise not qualified to be licensed, upon written notice of at least twenty (20) days to the licensee, require the driver to submit to a driver license examination and/or submit any other information deemed appropriate by the commissioner. The department shall take action as may be appropriate and may suspend the license of the person or permit the driver to retain the license, or may issue a license subject to restrictions as permitted under § 55-50-331(d) and (e) . Refusal or neglect of the licensee to submit to the examination shall be grounds for suspension of the driver license. (c) All judges having jurisdiction over offenses committed under any statute of this state or municipal ordinance of any city or town regulating the operation of motor vehicles on highways shall have the authority to require any person brought before the court for an alleged violation to submit to a reexamination by the department when the judge has good cause to believe that the person would not be able to operate a motor vehicle safely upon the highways, or at the discretion of the judge, would create a hazard to the driving public. However, the license of the person shall not be withheld or suspended pending the reexamination. Refusal or neglect of the licensee to submit to the examination shall be grounds for suspension or revocation of the license. Amended by 2014 Tenn. Acts, ch. 999,s 1, eff. 7/1/2015. Acts 1937, ch. 90, § 16; 1937 (3rd Ex. Sess.), ch. 4, § 2; 1939, ch. 120, § 1; C. Supp. 1950, § 2715.24 (Williams, §§ 2715.29, 2715.29a); Acts 1951, ch. 95, §§ 1, 2; 1961, ch. 225, § 1; 1963, ch. 36, § 2; 1963, ch. 312, § 1; 1967, ch. 168, § 1; 1977, ch. 194, § 1; modified; T.C.A. (orig. ed.), § 59-717; Acts 1982, ch. 618, § 4; 1983, ch. 434, § 2; 1988, ch. 584, § 13; T.C.A., §§ 55-7-117 , 55-7-505; Acts 2008, ch. 790, § 1.
(a) (1) (A) The department shall conduct a driver improvement program whereby it is authorized to evaluate driver records based on accidents and/or convictions for traffic violations of the drivers, and may assign a point value according to the seriousness of the accident or moving traffic violation conviction. (B) When the records of the department indicate that a person has been convicted of moving traffic violations or involved in accidents and has accumulated sufficient points, the department may notify the person in writing that the person's driving privilege is being placed under suspension. Notice is to be sent by United States mail to the last known address and will notify the person that the person may request a hearing to determine whether or not the suspension action is proper. (C) (i) The commissioner is authorized to establish reasonable rules and regulations to determine the number of points to be assigned for convictions of moving traffic violations and involvement in accidents, to establish the number of points needed for suspension action, and may establish regulations and procedures for the rehabilitation of the person involved to attempt to ensure that the person is a safer driver. (ii) The commissioner shall not add points to a driver record involving any accident that was reported on the Tennessee Uniform Traffic Crash Report as a "vehicle special use (09) police," "(10) ambulance," or "(11) fire apparatus" and on which the report indicates the driver presence as "driver operated government vehicle"; provided, that the driver is not charged with vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 , aggravated vehicular homicide under § 39-13-218 , reckless driving under § 55-10-205 , or driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401 . (D) Prior to reinstatement of the license, the person shall file and maintain proof of financial responsibility as required under § 55-12-114 and pay the restoration fee as required under § 55-12-126 . (2) Drivers subject to subdivision (a)(1) who are less than eighteen (18) years of age on the event date of any crash or moving traffic violation shall be required to file proof of financial responsibility pursuant to chapter 12 of this title.
(1) (A) The department shall conduct a driver improvement program whereby it is authorized to evaluate driver records based on accidents and/or convictions for traffic violations of the drivers, and may assign a point value according to the seriousness of the accident or moving traffic violation conviction. (B) When the records of the department indicate that a person has been convicted of moving traffic violations or involved in accidents and has accumulated sufficient points, the department may notify the person in writing that the person's driving privilege is being placed under suspension. Notice is to be sent by United States mail to the last known address and will notify the person that the person may request a hearing to determine whether or not the suspension action is proper. (C) (i) The commissioner is authorized to establish reasonable rules and regulations to determine the number of points to be assigned for convictions of moving traffic violations and involvement in accidents, to establish the number of points needed for suspension action, and may establish regulations and procedures for the rehabilitation of the person involved to attempt to ensure that the person is a safer driver. (ii) The commissioner shall not add points to a driver record involving any accident that was reported on the Tennessee Uniform Traffic Crash Report as a "vehicle special use (09) police," "(10) ambulance," or "(11) fire apparatus" and on which the report indicates the driver presence as "driver operated government vehicle"; provided, that the driver is not charged with vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 , aggravated vehicular homicide under § 39-13-218 , reckless driving under § 55-10-205 , or driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401 . (D) Prior to reinstatement of the license, the person shall file and maintain proof of financial responsibility as required under § 55-12-114 and pay the restoration fee as required under § 55-12-126 .
(A) The department shall conduct a driver improvement program whereby it is authorized to evaluate driver records based on accidents and/or convictions for traffic violations of the drivers, and may assign a point value according to the seriousness of the accident or moving traffic violation conviction.
(B) When the records of the department indicate that a person has been convicted of moving traffic violations or involved in accidents and has accumulated sufficient points, the department may notify the person in writing that the person's driving privilege is being placed under suspension. Notice is to be sent by United States mail to the last known address and will notify the person that the person may request a hearing to determine whether or not the suspension action is proper.
(C) (i) The commissioner is authorized to establish reasonable rules and regulations to determine the number of points to be assigned for convictions of moving traffic violations and involvement in accidents, to establish the number of points needed for suspension action, and may establish regulations and procedures for the rehabilitation of the person involved to attempt to ensure that the person is a safer driver. (ii) The commissioner shall not add points to a driver record involving any accident that was reported on the Tennessee Uniform Traffic Crash Report as a "vehicle special use (09) police," "(10) ambulance," or "(11) fire apparatus" and on which the report indicates the driver presence as "driver operated government vehicle"; provided, that the driver is not charged with vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 , aggravated vehicular homicide under § 39-13-218 , reckless driving under § 55-10-205 , or driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401 .
(i) The commissioner is authorized to establish reasonable rules and regulations to determine the number of points to be assigned for convictions of moving traffic violations and involvement in accidents, to establish the number of points needed for suspension action, and may establish regulations and procedures for the rehabilitation of the person involved to attempt to ensure that the person is a safer driver.
(ii) The commissioner shall not add points to a driver record involving any accident that was reported on the Tennessee Uniform Traffic Crash Report as a "vehicle special use (09) police," "(10) ambulance," or "(11) fire apparatus" and on which the report indicates the driver presence as "driver operated government vehicle"; provided, that the driver is not charged with vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 , aggravated vehicular homicide under § 39-13-218 , reckless driving under § 55-10-205 , or driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401 .
(D) Prior to reinstatement of the license, the person shall file and maintain proof of financial responsibility as required under § 55-12-114 and pay the restoration fee as required under § 55-12-126 .
(2) Drivers subject to subdivision (a)(1) who are less than eighteen (18) years of age on the event date of any crash or moving traffic violation shall be required to file proof of financial responsibility pursuant to chapter 12 of this title.
(b) The department may, upon receiving evidence sufficient to establish that a licensed driver is incompetent or otherwise not qualified to be licensed, upon written notice of at least twenty (20) days to the licensee, require the driver to submit to a driver license examination and/or submit any other information deemed appropriate by the commissioner. The department shall take action as may be appropriate and may suspend the license of the person or permit the driver to retain the license, or may issue a license subject to restrictions as permitted under § 55-50-331(d) and (e) . Refusal or neglect of the licensee to submit to the examination shall be grounds for suspension of the driver license.
(c) All judges having jurisdiction over offenses committed under any statute of this state or municipal ordinance of any city or town regulating the operation of motor vehicles on highways shall have the authority to require any person brought before the court for an alleged violation to submit to a reexamination by the department when the judge has good cause to believe that the person would not be able to operate a motor vehicle safely upon the highways, or at the discretion of the judge, would create a hazard to the driving public. However, the license of the person shall not be withheld or suspended pending the reexamination. Refusal or neglect of the licensee to submit to the examination shall be grounds for suspension or revocation of the license.
Amended by 2014 Tenn. Acts, ch. 999,s 1, eff. 7/1/2015.
Acts 1937, ch. 90, § 16; 1937 (3rd Ex. Sess.), ch. 4, § 2; 1939, ch. 120, § 1; C. Supp. 1950, § 2715.24 (Williams, §§ 2715.29, 2715.29a); Acts 1951, ch. 95, §§ 1, 2; 1961, ch. 225, § 1; 1963, ch. 36, § 2; 1963, ch. 312, § 1; 1967, ch. 168, § 1; 1977, ch. 194, § 1; modified; T.C.A. (orig. ed.), § 59-717; Acts 1982, ch. 618, § 4; 1983, ch. 434, § 2; 1988, ch. 584, § 13; T.C.A., §§ 55-7-117 , 55-7-505; Acts 2008, ch. 790, § 1.
Tenn. Code Ann. § 55-51-107 — TN Code / Title 55 / Chapter 51 / Section 55-51-107
Licensing skills test examination
Status: in_force

The director may exempt applicants for a reinstated or an original motorcycle operator license from the licensing skills and/or knowledge test if they present proof of successful completion of a rider training course that includes a similar test of skills and/or knowledge that is approved by the department and licensing officials. No licensing skills or knowledge examination required by this chapter shall be required for renewal of a motorcycle operator license. Acts 1987, ch. 446, § 7; § 55-25-107 ; Acts 1998, ch. 658, § 1.
The director may exempt applicants for a reinstated or an original motorcycle operator license from the licensing skills and/or knowledge test if they present proof of successful completion of a rider training course that includes a similar test of skills and/or knowledge that is approved by the department and licensing officials. No licensing skills or knowledge examination required by this chapter shall be required for renewal of a motorcycle operator license.
Acts 1987, ch. 446, § 7; § 55-25-107 ; Acts 1998, ch. 658, § 1.
Tenn. Code Ann. § 55-4-349 — TN Code / Title 55 / Chapter 4 / Section 55-4-349
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 250, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 579, s 52, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 579, s 51, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 1023, s 49, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 359, s 4, eff. 7/1/2017. Acts 2007 , ch. 604, § 8.
Repealed by 2023 Tenn. Acts, ch. 250, s 1, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 579, s 52, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 579, s 51, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 1023, s 49, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 359, s 4, eff. 7/1/2017.
Acts 2007 , ch. 604, § 8.
Tenn. Code Ann. § 55-5-204 — TN Code / Title 55 / Chapter 5 / Section 55-5-204
Seizure of property
Status: in_force

(a) Any motor vehicle or motor vehicle component part with identification numbers or distinguishing numbers or marks that have been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed shall be seized, forfeited, and disposed of in accordance with § 55-5-108 . (b) Any tool, implement, or instrumentality used: (1) To alter, destroy, disassemble, dismantle, or reassemble a stolen motor vehicle or stolen motor vehicle component part; (2) To alter, counterfeit, deface, forge, obliterate, or remove the motor vehicle identification number; or (3) In transportation, disposal, or sale of stolen motor vehicles or stolen motor vehicle component parts, is declared to be contraband and may be seized by a member of a state or local law enforcement agency and subject to forfeiture in accordance with this part. (c) When property is seized pursuant to this section, the seizing agency shall remove the property to a place designated by that agency for safe storage pending disposition. (d) No civil liability shall be attached to any law enforcement officer acting in good faith in regard to the seizure and forfeiture of motor vehicles, motor vehicle component parts, or tools, implements, or instrumentalities pursuant to this section. (e) For purposes of clarifying this section and consistent with the overall remedial purpose of asset forfeitures, property is subject to seizure and forfeiture upon the arrest of a person who owns, operates or conducts a chop shop, or transports any motor vehicle or motor vehicle component part to or from a chop shop, or sells, transfers, purchases or receives any motor vehicle or motor vehicle component part to or from a chop shop. Acts 2000, ch. 941, § 1.
(a) Any motor vehicle or motor vehicle component part with identification numbers or distinguishing numbers or marks that have been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed shall be seized, forfeited, and disposed of in accordance with § 55-5-108 .
(b) Any tool, implement, or instrumentality used: (1) To alter, destroy, disassemble, dismantle, or reassemble a stolen motor vehicle or stolen motor vehicle component part; (2) To alter, counterfeit, deface, forge, obliterate, or remove the motor vehicle identification number; or (3) In transportation, disposal, or sale of stolen motor vehicles or stolen motor vehicle component parts, is declared to be contraband and may be seized by a member of a state or local law enforcement agency and subject to forfeiture in accordance with this part.
(1) To alter, destroy, disassemble, dismantle, or reassemble a stolen motor vehicle or stolen motor vehicle component part;
(2) To alter, counterfeit, deface, forge, obliterate, or remove the motor vehicle identification number; or
(3) In transportation, disposal, or sale of stolen motor vehicles or stolen motor vehicle component parts, is declared to be contraband and may be seized by a member of a state or local law enforcement agency and subject to forfeiture in accordance with this part.
(c) When property is seized pursuant to this section, the seizing agency shall remove the property to a place designated by that agency for safe storage pending disposition.
(d) No civil liability shall be attached to any law enforcement officer acting in good faith in regard to the seizure and forfeiture of motor vehicles, motor vehicle component parts, or tools, implements, or instrumentalities pursuant to this section.
(e) For purposes of clarifying this section and consistent with the overall remedial purpose of asset forfeitures, property is subject to seizure and forfeiture upon the arrest of a person who owns, operates or conducts a chop shop, or transports any motor vehicle or motor vehicle component part to or from a chop shop, or sells, transfers, purchases or receives any motor vehicle or motor vehicle component part to or from a chop shop.
Acts 2000, ch. 941, § 1.
Tenn. Code Ann. § 55-10-205 — TN Code / Title 55 / Chapter 10 / Section 55-10-205
Reckless driving
Status: in_force

(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving. (b) A person commits an offense of reckless driving who drives a motorcycle with the front tire raised off the ground in willful and wanton disregard for the safety of persons or property on any public street, highway, alley, parking lot, or driveway, or on the premises of any shopping center, trailer park, apartment house complex, or any other premises that are generally frequented by the public at large; provided, that the offense of reckless driving for driving a motorcycle with the front tire raised off the ground shall not be applicable to persons riding in a parade, at a speed not to exceed thirty miles per hour (30 mph), if the person is eighteen (18) years of age or older. (c) (1) Any motor vehicle operator who knowingly ignores a clearly visible and adequate flood warning sign or barricade and drives into a road area that is actually flooded commits reckless driving. In addition to the penalties imposed pursuant to subsection (d), the court may order the operator to pay restitution to defray the taxpayer cost of any rescue efforts related to such violation. (2) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the operator's driving through the flood warning sign or barricade was necessitated by a bona fide emergency. (3) This subsection (c) shall not apply to an emergency vehicle. "Emergency vehicle" means a vehicle of a governmental department or public service corporation when responding to any emergency, or any vehicle of a police or fire department, or any ambulance. (d) (1) A violation of this section is a Class B misdemeanor. (2) In addition to the penalty authorized by subdivision (d)(1), the court shall assess a fine of fifty dollars ($50.00) to be collected as provided in § 55-10-412(b) and distributed as provided in § 55-10-412(c) . Amended by 2013 Tenn. Acts, ch. 154,Secs.s55, s56 eff. 7/1/2013. Acts 1955, ch. 329, § 57; T.C.A., § 59-858; Acts 1989, ch. 591, § 112; 2007, ch. 308, § 1; 2008, ch. 986, § 1; 2012, ch. 1048, § 1.
(a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property commits reckless driving.
(b) A person commits an offense of reckless driving who drives a motorcycle with the front tire raised off the ground in willful and wanton disregard for the safety of persons or property on any public street, highway, alley, parking lot, or driveway, or on the premises of any shopping center, trailer park, apartment house complex, or any other premises that are generally frequented by the public at large; provided, that the offense of reckless driving for driving a motorcycle with the front tire raised off the ground shall not be applicable to persons riding in a parade, at a speed not to exceed thirty miles per hour (30 mph), if the person is eighteen (18) years of age or older.
(c) (1) Any motor vehicle operator who knowingly ignores a clearly visible and adequate flood warning sign or barricade and drives into a road area that is actually flooded commits reckless driving. In addition to the penalties imposed pursuant to subsection (d), the court may order the operator to pay restitution to defray the taxpayer cost of any rescue efforts related to such violation. (2) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the operator's driving through the flood warning sign or barricade was necessitated by a bona fide emergency. (3) This subsection (c) shall not apply to an emergency vehicle. "Emergency vehicle" means a vehicle of a governmental department or public service corporation when responding to any emergency, or any vehicle of a police or fire department, or any ambulance.
(1) Any motor vehicle operator who knowingly ignores a clearly visible and adequate flood warning sign or barricade and drives into a road area that is actually flooded commits reckless driving. In addition to the penalties imposed pursuant to subsection (d), the court may order the operator to pay restitution to defray the taxpayer cost of any rescue efforts related to such violation.
(2) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the operator's driving through the flood warning sign or barricade was necessitated by a bona fide emergency.
(3) This subsection (c) shall not apply to an emergency vehicle. "Emergency vehicle" means a vehicle of a governmental department or public service corporation when responding to any emergency, or any vehicle of a police or fire department, or any ambulance.
(d) (1) A violation of this section is a Class B misdemeanor. (2) In addition to the penalty authorized by subdivision (d)(1), the court shall assess a fine of fifty dollars ($50.00) to be collected as provided in § 55-10-412(b) and distributed as provided in § 55-10-412(c) .
(1) A violation of this section is a Class B misdemeanor.
(2) In addition to the penalty authorized by subdivision (d)(1), the court shall assess a fine of fifty dollars ($50.00) to be collected as provided in § 55-10-412(b) and distributed as provided in § 55-10-412(c) .
Amended by 2013 Tenn. Acts, ch. 154,Secs.s55, s56 eff. 7/1/2013.
Acts 1955, ch. 329, § 57; T.C.A., § 59-858; Acts 1989, ch. 591, § 112; 2007, ch. 308, § 1; 2008, ch. 986, § 1; 2012, ch. 1048, § 1.
Tenn. Code Ann. § 55-4-366 — TN Code / Title 55 / Chapter 4 / Section 55-4-366
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 250, s 1, eff. 7/1/2023. Added by 2019 Tenn. Acts, ch. 253, s 12, eff. 7/1/2019.
Repealed by 2023 Tenn. Acts, ch. 250, s 1, eff. 7/1/2023.
Added by 2019 Tenn. Acts, ch. 253, s 12, eff. 7/1/2019.
Tenn. Code Ann. § 55-17-102 — TN Code / Title 55 / Chapter 17 / Section 55-17-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Automobile auction" means: (A) Any person offering motor vehicles for sale to the highest bidder where buyers are licensed motor vehicle dealers or their duly authorized agents; (B) Any person who provides the facilities for or is in the business of selling in an auction format motor vehicles that in the opinion of the commission are antique or unique; or (C) Any motor vehicle dealer licensed to sell used motor vehicles, and which dealer is licensed as an auctioneer by the Tennessee auctioneer commission, and is auctioneering on consignment by and between persons, motor vehicles originally manufactured for mass transportation and exceeding thirty-four feet (34') in length; (2) "Automotive dismantlers and recyclers" means any person, firm, association, corporation, or trust resident or nonresident, who is engaged in the business and/or providing facilities for the purpose of recovering parts from automobiles and trucks, which have been wrecked or otherwise rendered inoperable as transportation vehicles with the parts recovered being for resale and further reduce used automobiles and trucks to a condition capable of salvage for their metal scrap content by scrap processors; (3) "Closed title" means an executed certificate of title indicating the motor vehicle dealer as the current owner or transferee; (4) "Commission" means the motor vehicle commission created by this part; (5) "Distributor" or "wholesaler" means any person who in whole or in part sells or distributes any new and unused motor vehicles to motor vehicle dealers or who maintains distributor representatives; (6) "Distributor branch" means a branch office similarly maintained by a distributor or wholesaler for the same purpose a factory branch is maintained; (7) "Distributor representative" means a representative employed by a distributor or employed by a distributor branch or wholesaler for the purpose of making or promoting the sale of motor vehicles or for supervising, servicing, instructing, procuring, contracting or contacting for any reason motor vehicle dealers or prospective motor vehicle dealers or their employees; (8) "Established place of business" means a permanent structure or structures owned, leased or rented by a motor vehicle dealer providing signs, facilities and office space used exclusively for buying, selling, displaying, advertising, demonstrating, servicing or repairing motor vehicles or functional or nonfunctional parts of motor vehicles and where replacement parts, repair tools and equipment as well as the books and records needed to conduct the business are kept. The structure or structures must be physically apart from any other business and shall not include a private residence of any sort, tent or temporary stand; (9) "Factory branch" means the branch office maintained by a manufacturer for the sale or transfer of motor vehicles to distributors or to motor vehicle dealers or which is maintained for directing and supervising the representatives of the manufacturer; (10) "Factory representative" means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of motor vehicles or for supervising, servicing, instructing, procuring, contracting or contacting for any reason motor vehicle dealers or prospective motor vehicle dealers or their employees; (11) "Franchise" means an oral or written agreement for a definite or indefinite period in which a manufacturer or distributor grants to a motor vehicle dealer a license to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, leasing or otherwise; (12) "Fraud," in addition to its normal legal connotation, means a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact; (13) "Manufacturer" means any person who manufactures or assembles new and unused motor vehicles or recreational vehicles, or who maintains factory representatives; (14) "Motor vehicle" means any self-propelled motor-driven vehicle of the type and kind required to be registered and titled under chapter 1 of this title, and includes, but is not limited to, "motor vehicle" as defined in § 55-1-103 ; "motorcycle" as defined in § 55-1-103 ; and "truck" as defined in § 55-1-104 ; and does not include a recreational vehicle as defined in § 55-28-102 ; (15) "Motor vehicle dealer" means any person not excluded by subdivision (17), engaged in the business of selling, offering to sell, soliciting or advertising the sale of motor vehicles or used recreational vehicles, or possessing motor vehicles or used recreational vehicles for the purpose of resale, either on that person's own account or on behalf of another, either as that person's primary business or incidental to that person's business; (16) "Motor vehicle salesperson" or "vehicle salesperson" means any person who is not excluded by subdivision (17), and who is: (A) Employed by a licensed motor vehicle dealer who is engaged in the business of effecting or attempting to effect the sale or purchase of motor vehicles or used recreational vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party; or (B) Employed by a recreational vehicle dealer licensed pursuant to part 4 of this chapter, and who is engaged in the business of effecting or attempting to effect the sale or purchase of recreational vehicles or used motor vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party; (17) "Motor vehicle dealer" and "motor vehicle salesperson" do not include the following: (A) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court; (B) Public officers while performing or in the operation of their duties; (C) Employees of persons, corporations, or associations enumerated in subdivision (17)(A) when engaged in the specific performance of their duties as employees; (D) News or other advertising media and their employees while in the performance of their usual duties with regard to the sale of advertising; (E) All banks, finance companies, loan companies, insurance companies, auto body shops or garages that have not obtained a motor vehicle for the purpose of resale, selling or offering to sell used motor vehicles directly to the public without the intervention of any other person, when these sales are merely incidental to their primary business activities; (F) Persons when selling motor vehicles that have been designated by the seller as nonrepairable vehicles, as defined in § 55-3-201 , whether or not such vehicles have been issued a nonrepairable vehicle certificate to licensed automotive dismantlers and recyclers, or registered scrap metal dealers or scrap metal processors, solely for recycling, dismantling, or scrap; (G) A recreational vehicle dealer licensed pursuant to part 4 of this chapter engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new or used recreational vehicles or used motor vehicles pursuant to § 55-17-419 ; (18) "Person" means every natural person, partnership, corporation, association, trust, estate, or any other legal entity; (19) "Public automobile auction" means a person that offers motor vehicles for sale to the highest bidder, where buyers are members of the public, by a motor vehicle dealer licensed to sell used motor vehicles that holds a public auto auction license and uses the services of a public automobile auctioneer licensed by the Tennessee auctioneer commission; provided, that a public automobile auction does not otherwise limit the auctioning of used motor vehicles exclusively to licensed motor vehicle dealers or their duly authorized agents; (20) "Public automobile auctioneer" means any individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration, by the means or process of auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase or exchange of goods, including motor vehicles; (21) "Recreational vehicle" has the same meaning as defined in § 55-28-102 ; and (22) "Sale" means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle or interest therein or of any franchise related thereto, as well as any option, subscription or other contract, or solicitation looking to a sale, offer or attempt to sell in any form, whether spoken or written. A gift or delivery of any motor vehicle or franchise with respect thereto with or as a bonus on account of the sale of anything shall be deemed a sale of the motor vehicle or franchise. Amended by 2024 Tenn. Acts, ch. 585,s 5, eff. 3/15/2024. Amended by 2016 Tenn. Acts, ch. 781, Secs.s 2, s 3 eff. 1/1/2017. Amended by 2016 Tenn. Acts, ch. 1015, s 3, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 344, s 3, eff. 7/1/2015. Acts 1955, ch. 79, § 2; 1957, ch. 56, §§ 1-3; 1959, ch. 25, §§ 1, 2; 1963, ch. 109, § 1; 1974, ch. 452, §§ 1, 2; 1977, ch. 162, §§ 2-13; 1977, ch. 450, § 1; T.C.A., § 59-1702; Acts 1984, ch. 718, § 1; 1986, ch. 804, § 6; 1994, ch. 922, § 2; 2003 , ch. 159, § 1; 2005, ch. 379, §§ 15, 18 - 20; 2008 , ch. 724, § 5.
As used in this part, unless the context otherwise requires:
(1) "Automobile auction" means: (A) Any person offering motor vehicles for sale to the highest bidder where buyers are licensed motor vehicle dealers or their duly authorized agents; (B) Any person who provides the facilities for or is in the business of selling in an auction format motor vehicles that in the opinion of the commission are antique or unique; or (C) Any motor vehicle dealer licensed to sell used motor vehicles, and which dealer is licensed as an auctioneer by the Tennessee auctioneer commission, and is auctioneering on consignment by and between persons, motor vehicles originally manufactured for mass transportation and exceeding thirty-four feet (34') in length;
(A) Any person offering motor vehicles for sale to the highest bidder where buyers are licensed motor vehicle dealers or their duly authorized agents;
(B) Any person who provides the facilities for or is in the business of selling in an auction format motor vehicles that in the opinion of the commission are antique or unique; or
(C) Any motor vehicle dealer licensed to sell used motor vehicles, and which dealer is licensed as an auctioneer by the Tennessee auctioneer commission, and is auctioneering on consignment by and between persons, motor vehicles originally manufactured for mass transportation and exceeding thirty-four feet (34') in length;
(2) "Automotive dismantlers and recyclers" means any person, firm, association, corporation, or trust resident or nonresident, who is engaged in the business and/or providing facilities for the purpose of recovering parts from automobiles and trucks, which have been wrecked or otherwise rendered inoperable as transportation vehicles with the parts recovered being for resale and further reduce used automobiles and trucks to a condition capable of salvage for their metal scrap content by scrap processors;
(3) "Closed title" means an executed certificate of title indicating the motor vehicle dealer as the current owner or transferee;
(4) "Commission" means the motor vehicle commission created by this part;
(5) "Distributor" or "wholesaler" means any person who in whole or in part sells or distributes any new and unused motor vehicles to motor vehicle dealers or who maintains distributor representatives;
(6) "Distributor branch" means a branch office similarly maintained by a distributor or wholesaler for the same purpose a factory branch is maintained;
(7) "Distributor representative" means a representative employed by a distributor or employed by a distributor branch or wholesaler for the purpose of making or promoting the sale of motor vehicles or for supervising, servicing, instructing, procuring, contracting or contacting for any reason motor vehicle dealers or prospective motor vehicle dealers or their employees;
(8) "Established place of business" means a permanent structure or structures owned, leased or rented by a motor vehicle dealer providing signs, facilities and office space used exclusively for buying, selling, displaying, advertising, demonstrating, servicing or repairing motor vehicles or functional or nonfunctional parts of motor vehicles and where replacement parts, repair tools and equipment as well as the books and records needed to conduct the business are kept. The structure or structures must be physically apart from any other business and shall not include a private residence of any sort, tent or temporary stand;
(9) "Factory branch" means the branch office maintained by a manufacturer for the sale or transfer of motor vehicles to distributors or to motor vehicle dealers or which is maintained for directing and supervising the representatives of the manufacturer;
(10) "Factory representative" means a representative employed by a manufacturer or employed by a factory branch for the purpose of making or promoting the sale of motor vehicles or for supervising, servicing, instructing, procuring, contracting or contacting for any reason motor vehicle dealers or prospective motor vehicle dealers or their employees;
(11) "Franchise" means an oral or written agreement for a definite or indefinite period in which a manufacturer or distributor grants to a motor vehicle dealer a license to use a trade name, service mark, or related characteristic and in which there is a community of interest in the marketing of motor vehicles or services related thereto at wholesale, retail, leasing or otherwise;
(12) "Fraud," in addition to its normal legal connotation, means a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made honestly and in good faith; or an intentional failure to disclose a material fact;
(13) "Manufacturer" means any person who manufactures or assembles new and unused motor vehicles or recreational vehicles, or who maintains factory representatives;
(14) "Motor vehicle" means any self-propelled motor-driven vehicle of the type and kind required to be registered and titled under chapter 1 of this title, and includes, but is not limited to, "motor vehicle" as defined in § 55-1-103 ; "motorcycle" as defined in § 55-1-103 ; and "truck" as defined in § 55-1-104 ; and does not include a recreational vehicle as defined in § 55-28-102 ;
(15) "Motor vehicle dealer" means any person not excluded by subdivision (17), engaged in the business of selling, offering to sell, soliciting or advertising the sale of motor vehicles or used recreational vehicles, or possessing motor vehicles or used recreational vehicles for the purpose of resale, either on that person's own account or on behalf of another, either as that person's primary business or incidental to that person's business;
(16) "Motor vehicle salesperson" or "vehicle salesperson" means any person who is not excluded by subdivision (17), and who is: (A) Employed by a licensed motor vehicle dealer who is engaged in the business of effecting or attempting to effect the sale or purchase of motor vehicles or used recreational vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party; or (B) Employed by a recreational vehicle dealer licensed pursuant to part 4 of this chapter, and who is engaged in the business of effecting or attempting to effect the sale or purchase of recreational vehicles or used motor vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party;
(A) Employed by a licensed motor vehicle dealer who is engaged in the business of effecting or attempting to effect the sale or purchase of motor vehicles or used recreational vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party; or
(B) Employed by a recreational vehicle dealer licensed pursuant to part 4 of this chapter, and who is engaged in the business of effecting or attempting to effect the sale or purchase of recreational vehicles or used motor vehicles owned by some other person to residents of the state, for which service some form of remuneration is expected, whether the remuneration be designated as a salary, fee commission, rental, or otherwise, and regardless of whether the remuneration is paid by the buyer, seller, or a third party;
(17) "Motor vehicle dealer" and "motor vehicle salesperson" do not include the following: (A) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court; (B) Public officers while performing or in the operation of their duties; (C) Employees of persons, corporations, or associations enumerated in subdivision (17)(A) when engaged in the specific performance of their duties as employees; (D) News or other advertising media and their employees while in the performance of their usual duties with regard to the sale of advertising; (E) All banks, finance companies, loan companies, insurance companies, auto body shops or garages that have not obtained a motor vehicle for the purpose of resale, selling or offering to sell used motor vehicles directly to the public without the intervention of any other person, when these sales are merely incidental to their primary business activities; (F) Persons when selling motor vehicles that have been designated by the seller as nonrepairable vehicles, as defined in § 55-3-201 , whether or not such vehicles have been issued a nonrepairable vehicle certificate to licensed automotive dismantlers and recyclers, or registered scrap metal dealers or scrap metal processors, solely for recycling, dismantling, or scrap; (G) A recreational vehicle dealer licensed pursuant to part 4 of this chapter engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new or used recreational vehicles or used motor vehicles pursuant to § 55-17-419 ;
(A) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court;
(B) Public officers while performing or in the operation of their duties;
(C) Employees of persons, corporations, or associations enumerated in subdivision (17)(A) when engaged in the specific performance of their duties as employees;
(D) News or other advertising media and their employees while in the performance of their usual duties with regard to the sale of advertising;
(E) All banks, finance companies, loan companies, insurance companies, auto body shops or garages that have not obtained a motor vehicle for the purpose of resale, selling or offering to sell used motor vehicles directly to the public without the intervention of any other person, when these sales are merely incidental to their primary business activities;
(F) Persons when selling motor vehicles that have been designated by the seller as nonrepairable vehicles, as defined in § 55-3-201 , whether or not such vehicles have been issued a nonrepairable vehicle certificate to licensed automotive dismantlers and recyclers, or registered scrap metal dealers or scrap metal processors, solely for recycling, dismantling, or scrap;
(G) A recreational vehicle dealer licensed pursuant to part 4 of this chapter engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new or used recreational vehicles or used motor vehicles pursuant to § 55-17-419 ;
(18) "Person" means every natural person, partnership, corporation, association, trust, estate, or any other legal entity;
(19) "Public automobile auction" means a person that offers motor vehicles for sale to the highest bidder, where buyers are members of the public, by a motor vehicle dealer licensed to sell used motor vehicles that holds a public auto auction license and uses the services of a public automobile auctioneer licensed by the Tennessee auctioneer commission; provided, that a public automobile auction does not otherwise limit the auctioning of used motor vehicles exclusively to licensed motor vehicle dealers or their duly authorized agents;
(20) "Public automobile auctioneer" means any individual who, for a fee, commission, or any other valuable consideration, or with the intention or expectation of receiving a fee, commission, or any other valuable consideration, by the means or process of auction or sale at auction, offers, negotiates, or attempts to negotiate a listing contract, sale, purchase or exchange of goods, including motor vehicles;
(21) "Recreational vehicle" has the same meaning as defined in § 55-28-102 ; and
(22) "Sale" means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, of any motor vehicle or interest therein or of any franchise related thereto, as well as any option, subscription or other contract, or solicitation looking to a sale, offer or attempt to sell in any form, whether spoken or written. A gift or delivery of any motor vehicle or franchise with respect thereto with or as a bonus on account of the sale of anything shall be deemed a sale of the motor vehicle or franchise.
Amended by 2024 Tenn. Acts, ch. 585,s 5, eff. 3/15/2024.
Amended by 2016 Tenn. Acts, ch. 781, Secs.s 2, s 3 eff. 1/1/2017.
Amended by 2016 Tenn. Acts, ch. 1015, s 3, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 344, s 3, eff. 7/1/2015.
Acts 1955, ch. 79, § 2; 1957, ch. 56, §§ 1-3; 1959, ch. 25, §§ 1, 2; 1963, ch. 109, § 1; 1974, ch. 452, §§ 1, 2; 1977, ch. 162, §§ 2-13; 1977, ch. 450, § 1; T.C.A., § 59-1702; Acts 1984, ch. 718, § 1; 1986, ch. 804, § 6; 1994, ch. 922, § 2; 2003 , ch. 159, § 1; 2005, ch. 379, §§ 15, 18 - 20; 2008 , ch. 724, § 5.
Tenn. Code Ann. § 55-5-101 — TN Code / Title 55 / Chapter 5 / Section 55-5-101
Stolen and recovered motor vehicles - Duties of law enforcement officers - Responsibilities attaching to wrecker, salvage and garage businesses - Penalties
Status: in_force

(a) (1) It is the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has been stolen to report the theft of the vehicle to the department of safety immediately after receiving the information. (2) The officer, who recovers or upon receiving information of the recovery of any motor vehicle, chassis, engine, transmission or other parts and accessories taken from the vehicle, which has previously been reported stolen, shall, immediately after receiving this information, report the recovery of the vehicle to the department. (3) The reports of the theft of any motor vehicle and the recovery of any motor vehicle shall be made to the Tennessee highway patrol dispatcher in the area in which the theft and/or recovery occurred. (4) It is the duty of the local sheriff's office or police department where any motor vehicle has been reported stolen or recovered to file and maintain a report of the theft and/or recovery, the report to include, but not be limited to, available information as to ownership and the address of the owner, make, year and color of vehicle, license number and manufacturer's identification number, date of theft and/or recovery, name of person reporting theft and location where the theft occurred, name of person reporting recovery of vehicle and location of recovery, condition of vehicle at place of recovery and list of any parts or accessories found adjacent to recovered vehicle, and name and location of any wrecker or garage operator pulling or storing the vehicle, its parts or accessories. (5) It is the further duty of the local sheriff's office or police department to transmit the information in subdivision (a)(4) pertaining to the theft or recovery of any motor vehicle, its chassis, engine, transmission or other parts and accessories thereof, to the Tennessee highway patrol dispatcher as heretofore set forth. (6) It is the duty of both the department and the local sheriff's office or police department receiving information of the recovery of any motor vehicle, its chassis, engine, transmission, or other parts and accessories, to report the recovery to the owner. (b) (1) No person, firm or corporation engaged in the wrecker and/or garage or automobile salvage business shall remove, pull or store any recovered stolen motor vehicle, chassis, engine, transmission or other parts and accessories, without having first obtained the permission and authorization of either a law enforcement officer, the owner, lienholder or owner's insurer. Upon receiving the required permission to remove, pull or store the vehicle, its chassis, engine, transmission or other parts and accessories, the person, firm or corporation so removing, pulling or storing the motor vehicle or its parts described above, shall immediately notify the Tennessee highway patrol dispatcher of the recovery, the name and address of the owner if known or reasonably ascertainable, the make, year and color of the vehicle, the condition of the vehicle at the place of recovery, and a list of any parts or accessories adjacent to or near the recovered vehicle, the manufacturer's identification number, or engine or transmission number, if ascertainable, the license number if attached to the vehicle or left nearby, the location of recovery and location where the vehicle will be stored, and the name of the person authorizing the removing, pulling or storing of the vehicle or its parts. (2) In the event a motor vehicle is recovered in a stripped or disassembled condition, all recovered parts thereof, including, but not limited to, the chassis, engine, transmission, differential, doors, deck lid, hood, front end clip (fenders and grill), seats, tires and wheels, and any other parts and accessories reasonably inferred to belong with the vehicle shall be taken to the same location, labeled and kept together. (3) In no event shall any part or accessory, including those listed in subdivision (b)(2), be removed from any recovered motor vehicle or its component parts without the written permission of the owner or its insurer. (c) A permanent record of the same information required to be given to the Tennessee highway patrol in regard to recovered vehicles shall be kept by the person, firm or corporation removing, pulling or storing the recovered vehicle for a period of two (2) years from the date of the recovery, and shall be available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant. As used in this subsection (c), "recovered vehicle" means any vehicle towed or stored by a person, firm, or corporation engaged in the business of towing or storing vehicles. (d) Nothing in subsection (c) should be construed to relieve any of the duties and responsibilities placed upon any person, firm or corporation in chapters 14 and 16 of this title. (e) A violation of this section is a Class A misdemeanor. Acts 1951, ch. 70, § 70 (Williams, § 5538.170); Acts 1972, ch. 725, § 1; modified; T.C.A. (orig. ed.), § 59-501; Acts 1989, ch. 591, § 111; 1992, ch. 829, § 1.
(a) (1) It is the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has been stolen to report the theft of the vehicle to the department of safety immediately after receiving the information. (2) The officer, who recovers or upon receiving information of the recovery of any motor vehicle, chassis, engine, transmission or other parts and accessories taken from the vehicle, which has previously been reported stolen, shall, immediately after receiving this information, report the recovery of the vehicle to the department. (3) The reports of the theft of any motor vehicle and the recovery of any motor vehicle shall be made to the Tennessee highway patrol dispatcher in the area in which the theft and/or recovery occurred. (4) It is the duty of the local sheriff's office or police department where any motor vehicle has been reported stolen or recovered to file and maintain a report of the theft and/or recovery, the report to include, but not be limited to, available information as to ownership and the address of the owner, make, year and color of vehicle, license number and manufacturer's identification number, date of theft and/or recovery, name of person reporting theft and location where the theft occurred, name of person reporting recovery of vehicle and location of recovery, condition of vehicle at place of recovery and list of any parts or accessories found adjacent to recovered vehicle, and name and location of any wrecker or garage operator pulling or storing the vehicle, its parts or accessories. (5) It is the further duty of the local sheriff's office or police department to transmit the information in subdivision (a)(4) pertaining to the theft or recovery of any motor vehicle, its chassis, engine, transmission or other parts and accessories thereof, to the Tennessee highway patrol dispatcher as heretofore set forth. (6) It is the duty of both the department and the local sheriff's office or police department receiving information of the recovery of any motor vehicle, its chassis, engine, transmission, or other parts and accessories, to report the recovery to the owner.
(1) It is the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has been stolen to report the theft of the vehicle to the department of safety immediately after receiving the information.
(2) The officer, who recovers or upon receiving information of the recovery of any motor vehicle, chassis, engine, transmission or other parts and accessories taken from the vehicle, which has previously been reported stolen, shall, immediately after receiving this information, report the recovery of the vehicle to the department.
(3) The reports of the theft of any motor vehicle and the recovery of any motor vehicle shall be made to the Tennessee highway patrol dispatcher in the area in which the theft and/or recovery occurred.
(4) It is the duty of the local sheriff's office or police department where any motor vehicle has been reported stolen or recovered to file and maintain a report of the theft and/or recovery, the report to include, but not be limited to, available information as to ownership and the address of the owner, make, year and color of vehicle, license number and manufacturer's identification number, date of theft and/or recovery, name of person reporting theft and location where the theft occurred, name of person reporting recovery of vehicle and location of recovery, condition of vehicle at place of recovery and list of any parts or accessories found adjacent to recovered vehicle, and name and location of any wrecker or garage operator pulling or storing the vehicle, its parts or accessories.
(5) It is the further duty of the local sheriff's office or police department to transmit the information in subdivision (a)(4) pertaining to the theft or recovery of any motor vehicle, its chassis, engine, transmission or other parts and accessories thereof, to the Tennessee highway patrol dispatcher as heretofore set forth.
(6) It is the duty of both the department and the local sheriff's office or police department receiving information of the recovery of any motor vehicle, its chassis, engine, transmission, or other parts and accessories, to report the recovery to the owner.
(b) (1) No person, firm or corporation engaged in the wrecker and/or garage or automobile salvage business shall remove, pull or store any recovered stolen motor vehicle, chassis, engine, transmission or other parts and accessories, without having first obtained the permission and authorization of either a law enforcement officer, the owner, lienholder or owner's insurer. Upon receiving the required permission to remove, pull or store the vehicle, its chassis, engine, transmission or other parts and accessories, the person, firm or corporation so removing, pulling or storing the motor vehicle or its parts described above, shall immediately notify the Tennessee highway patrol dispatcher of the recovery, the name and address of the owner if known or reasonably ascertainable, the make, year and color of the vehicle, the condition of the vehicle at the place of recovery, and a list of any parts or accessories adjacent to or near the recovered vehicle, the manufacturer's identification number, or engine or transmission number, if ascertainable, the license number if attached to the vehicle or left nearby, the location of recovery and location where the vehicle will be stored, and the name of the person authorizing the removing, pulling or storing of the vehicle or its parts. (2) In the event a motor vehicle is recovered in a stripped or disassembled condition, all recovered parts thereof, including, but not limited to, the chassis, engine, transmission, differential, doors, deck lid, hood, front end clip (fenders and grill), seats, tires and wheels, and any other parts and accessories reasonably inferred to belong with the vehicle shall be taken to the same location, labeled and kept together. (3) In no event shall any part or accessory, including those listed in subdivision (b)(2), be removed from any recovered motor vehicle or its component parts without the written permission of the owner or its insurer.
(1) No person, firm or corporation engaged in the wrecker and/or garage or automobile salvage business shall remove, pull or store any recovered stolen motor vehicle, chassis, engine, transmission or other parts and accessories, without having first obtained the permission and authorization of either a law enforcement officer, the owner, lienholder or owner's insurer. Upon receiving the required permission to remove, pull or store the vehicle, its chassis, engine, transmission or other parts and accessories, the person, firm or corporation so removing, pulling or storing the motor vehicle or its parts described above, shall immediately notify the Tennessee highway patrol dispatcher of the recovery, the name and address of the owner if known or reasonably ascertainable, the make, year and color of the vehicle, the condition of the vehicle at the place of recovery, and a list of any parts or accessories adjacent to or near the recovered vehicle, the manufacturer's identification number, or engine or transmission number, if ascertainable, the license number if attached to the vehicle or left nearby, the location of recovery and location where the vehicle will be stored, and the name of the person authorizing the removing, pulling or storing of the vehicle or its parts.
(2) In the event a motor vehicle is recovered in a stripped or disassembled condition, all recovered parts thereof, including, but not limited to, the chassis, engine, transmission, differential, doors, deck lid, hood, front end clip (fenders and grill), seats, tires and wheels, and any other parts and accessories reasonably inferred to belong with the vehicle shall be taken to the same location, labeled and kept together.
(3) In no event shall any part or accessory, including those listed in subdivision (b)(2), be removed from any recovered motor vehicle or its component parts without the written permission of the owner or its insurer.
(c) A permanent record of the same information required to be given to the Tennessee highway patrol in regard to recovered vehicles shall be kept by the person, firm or corporation removing, pulling or storing the recovered vehicle for a period of two (2) years from the date of the recovery, and shall be available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant. As used in this subsection (c), "recovered vehicle" means any vehicle towed or stored by a person, firm, or corporation engaged in the business of towing or storing vehicles.
(d) Nothing in subsection (c) should be construed to relieve any of the duties and responsibilities placed upon any person, firm or corporation in chapters 14 and 16 of this title.
(e) A violation of this section is a Class A misdemeanor.
Acts 1951, ch. 70, § 70 (Williams, § 5538.170); Acts 1972, ch. 725, § 1; modified; T.C.A. (orig. ed.), § 59-501; Acts 1989, ch. 591, § 111; 1992, ch. 829, § 1.