Tenn. Code Ann. § 55-50-504 — TN Code / Title 55 / Chapter 50 / Section 55-50-504
Driving while license cancelled, suspended or revoked - Minors - Forfeiture - Notice
Status: in_force

(a) (1) A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended, or revoked commits a Class B misdemeanor. A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended or revoked because of a conviction for vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 , or driving while intoxicated under § 55-10-401 shall be punished by confinement for not less than two (2) days nor more than six (6) months, and there may be imposed, in addition, a fine of not more than one thousand dollars ($1,000). Convictions occurring more than ten (10) years prior to the immediate violation shall not be considered for enhancement purposes under this subdivision (a)(1); provided, however, that the department shall abide by all federal rules and regulations relative to the issuance, suspension, and revocation of driver licenses and qualification of drivers. (2) A second or subsequent violation of subdivision (a)(1) is a Class A misdemeanor. Convictions occurring more than ten (10) years prior to the immediate violation shall not be considered for enhancement purposes under this subdivision (a)(2); provided, however, that the department shall abide by all federal rules and regulations relative to the issuance, suspension, and revocation of driver licenses and qualification of drivers. A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended or revoked because of a second or subsequent conviction for vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 , or driving while intoxicated under § 55-10-401 shall be punished by confinement for not less than forty-five (45) days nor more than one (1) year, and, in addition, may be subject to a fine of not more than three thousand dollars ($3,000). (b) No person shall cause or knowingly permit the person's child or ward under eighteen (18) years of age to drive a motor vehicle upon any highway when the minor is not authorized hereunder or in violation of any of the provisions of this chapter. (c) No person shall authorize or knowingly permit a motor vehicle owned by the person or under the person's control to be driven upon any highway by any person who is not authorized hereunder or in violation of any of the provisions of this chapter. (d) No person shall employ as a chauffeur of a motor vehicle any person not then licensed as provided in this chapter. (e) No person charged with violating this section for a violation of § 39-13-213 , § 55-10-101 , § 55-10-102 or § 55-10-401 shall be eligible for suspension of prosecution and dismissal of charges pursuant to §§ 40-15-102 - 40-15-105 and 40-32-101(a)(3)-(c)(3) or for any other pretrial diversion program, nor shall any person convicted under this section for a violation of § 39-13-213 , § 55-10-101 , § 55-10-102 or § 55-10-401 be eligible for probation, or any other provision of law authorizing probation, until the person has fully served day for day at least the minimum sentence provided by law. (f) If the court suspends the prosecution and dismisses the charges pursuant to §§ 40-15-102 - 40-15-105, and 40-32-101(a)(3)-(c)(3) or for any other pretrial diversion program, the court shall forward to the department a record of the dismissal or diversion action. The person will then be required to meet the financial responsibility requirements pursuant to chapter 12 of this title prior to the reinstatement of any driving privileges. (g) (1) The vehicle used in the commission of a person's violation of § 55-50-504 , when the original suspension or revocation was made for a violation of § 55-10-401 , or a statute in another state prohibiting driving under the influence of an intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department is designated as the applicable agency, as defined by § 40-33-202 , for all forfeitures authorized by this subsection (g). (2) For purposes of clarifying this subsection (g) and consistent with the overall remedial purpose of the asset forfeiture procedure, a vehicle is subject to seizure and forfeiture upon the arrest or citation of a person for driving while the person's driving privileges are cancelled, suspended or revoked. A conviction for the criminal offense of driving while the person's driving privileges are cancelled, suspended or revoked is not required. (h) Notwithstanding any other law to the contrary, revocation or suspension of a license shall not take effect until ten (10) days after notice has been sent to the last known address of the driver. The notice requirement in this subsection (h) shall not apply to a driver whose license has been revoked or suspended by a court of competent jurisdiction or who has surrendered the license to the court. (i) (1) Notwithstanding any other rule of evidence or law to the contrary, in the prosecution of second or subsequent offenders under this section the official driver record maintained by the department of safety and produced upon a certified computer printout shall constitute prima facie evidence of the prior conviction. (2) Following indictment by a grand jury, the defendant shall be given a copy of the department of safety printout at the time of arraignment. If the charge is by warrant, the defendant is entitled to a copy of the department of safety printout at the defendant's first appearance in court or at least fourteen (14) days prior to a trial on the merits. (3) Upon motion properly made in writing alleging that one (1) or more prior convictions is in error and setting forth the error, the court may require that a certified copy of the judgment of conviction for the offense be provided for inspection by the court as to its validity prior to the department of safety printout's being introduced into evidence. (j) Notwithstanding subdivision (a)(1), a person who drives a motor vehicle without a functioning ignition interlock device installed on such vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person was required by law to drive only a motor vehicle equipped with a functioning ignition interlock device commits a Class B misdemeanor and shall be punished by confinement for not less than seven (7) days nor more than six (6) months, and there may be imposed, in addition, a fine of not more than one thousand dollars ($1,000). Amended by 2016 Tenn. Acts, ch. 748, s 1, eff. 1/1/2017. Acts 1937, ch. 90, § 15; mod. C. Supp. 1950, § 2715.23 (Williams, § 2715.28); Acts 1955, ch. 114, § 11; 1961, ch. 94, § 3; T.C.A. (orig. ed.), § 59-716; Acts 1983, ch. 337, §§ 1, 2; T.C.A., §§ 55-7-116 , 55-7-504; Acts 1989, ch. 591, § 112; 1992, ch. 722, §§ 2-6; 1994, ch. 892, §§ 1, 2; 1996, ch. 959, § 1; 1997 , ch. 375, § 2; 2000, ch. 565, § 1; 2000, ch. 799, §§ 1, 2; 2001, ch. 455, § 1; 2002, ch. 732, § 1; 2007 , ch. 251, §§ 1, 2; 2010 , ch. 921, § 13.
(a) (1) A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended, or revoked commits a Class B misdemeanor. A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended or revoked because of a conviction for vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 , or driving while intoxicated under § 55-10-401 shall be punished by confinement for not less than two (2) days nor more than six (6) months, and there may be imposed, in addition, a fine of not more than one thousand dollars ($1,000). Convictions occurring more than ten (10) years prior to the immediate violation shall not be considered for enhancement purposes under this subdivision (a)(1); provided, however, that the department shall abide by all federal rules and regulations relative to the issuance, suspension, and revocation of driver licenses and qualification of drivers. (2) A second or subsequent violation of subdivision (a)(1) is a Class A misdemeanor. Convictions occurring more than ten (10) years prior to the immediate violation shall not be considered for enhancement purposes under this subdivision (a)(2); provided, however, that the department shall abide by all federal rules and regulations relative to the issuance, suspension, and revocation of driver licenses and qualification of drivers. A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended or revoked because of a second or subsequent conviction for vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 , or driving while intoxicated under § 55-10-401 shall be punished by confinement for not less than forty-five (45) days nor more than one (1) year, and, in addition, may be subject to a fine of not more than three thousand dollars ($3,000).
(1) A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended, or revoked commits a Class B misdemeanor. A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended or revoked because of a conviction for vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 , or driving while intoxicated under § 55-10-401 shall be punished by confinement for not less than two (2) days nor more than six (6) months, and there may be imposed, in addition, a fine of not more than one thousand dollars ($1,000). Convictions occurring more than ten (10) years prior to the immediate violation shall not be considered for enhancement purposes under this subdivision (a)(1); provided, however, that the department shall abide by all federal rules and regulations relative to the issuance, suspension, and revocation of driver licenses and qualification of drivers.
(2) A second or subsequent violation of subdivision (a)(1) is a Class A misdemeanor. Convictions occurring more than ten (10) years prior to the immediate violation shall not be considered for enhancement purposes under this subdivision (a)(2); provided, however, that the department shall abide by all federal rules and regulations relative to the issuance, suspension, and revocation of driver licenses and qualification of drivers. A person who drives a motor vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person's privilege to do so is cancelled, suspended or revoked because of a second or subsequent conviction for vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 , or driving while intoxicated under § 55-10-401 shall be punished by confinement for not less than forty-five (45) days nor more than one (1) year, and, in addition, may be subject to a fine of not more than three thousand dollars ($3,000).
(b) No person shall cause or knowingly permit the person's child or ward under eighteen (18) years of age to drive a motor vehicle upon any highway when the minor is not authorized hereunder or in violation of any of the provisions of this chapter.
(c) No person shall authorize or knowingly permit a motor vehicle owned by the person or under the person's control to be driven upon any highway by any person who is not authorized hereunder or in violation of any of the provisions of this chapter.
(d) No person shall employ as a chauffeur of a motor vehicle any person not then licensed as provided in this chapter.
(e) No person charged with violating this section for a violation of § 39-13-213 , § 55-10-101 , § 55-10-102 or § 55-10-401 shall be eligible for suspension of prosecution and dismissal of charges pursuant to §§ 40-15-102 - 40-15-105 and 40-32-101(a)(3)-(c)(3) or for any other pretrial diversion program, nor shall any person convicted under this section for a violation of § 39-13-213 , § 55-10-101 , § 55-10-102 or § 55-10-401 be eligible for probation, or any other provision of law authorizing probation, until the person has fully served day for day at least the minimum sentence provided by law.
(f) If the court suspends the prosecution and dismisses the charges pursuant to §§ 40-15-102 - 40-15-105, and 40-32-101(a)(3)-(c)(3) or for any other pretrial diversion program, the court shall forward to the department a record of the dismissal or diversion action. The person will then be required to meet the financial responsibility requirements pursuant to chapter 12 of this title prior to the reinstatement of any driving privileges.
(g) (1) The vehicle used in the commission of a person's violation of § 55-50-504 , when the original suspension or revocation was made for a violation of § 55-10-401 , or a statute in another state prohibiting driving under the influence of an intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department is designated as the applicable agency, as defined by § 40-33-202 , for all forfeitures authorized by this subsection (g). (2) For purposes of clarifying this subsection (g) and consistent with the overall remedial purpose of the asset forfeiture procedure, a vehicle is subject to seizure and forfeiture upon the arrest or citation of a person for driving while the person's driving privileges are cancelled, suspended or revoked. A conviction for the criminal offense of driving while the person's driving privileges are cancelled, suspended or revoked is not required.
(1) The vehicle used in the commission of a person's violation of § 55-50-504 , when the original suspension or revocation was made for a violation of § 55-10-401 , or a statute in another state prohibiting driving under the influence of an intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department is designated as the applicable agency, as defined by § 40-33-202 , for all forfeitures authorized by this subsection (g).
(2) For purposes of clarifying this subsection (g) and consistent with the overall remedial purpose of the asset forfeiture procedure, a vehicle is subject to seizure and forfeiture upon the arrest or citation of a person for driving while the person's driving privileges are cancelled, suspended or revoked. A conviction for the criminal offense of driving while the person's driving privileges are cancelled, suspended or revoked is not required.
(h) Notwithstanding any other law to the contrary, revocation or suspension of a license shall not take effect until ten (10) days after notice has been sent to the last known address of the driver. The notice requirement in this subsection (h) shall not apply to a driver whose license has been revoked or suspended by a court of competent jurisdiction or who has surrendered the license to the court.
(i) (1) Notwithstanding any other rule of evidence or law to the contrary, in the prosecution of second or subsequent offenders under this section the official driver record maintained by the department of safety and produced upon a certified computer printout shall constitute prima facie evidence of the prior conviction. (2) Following indictment by a grand jury, the defendant shall be given a copy of the department of safety printout at the time of arraignment. If the charge is by warrant, the defendant is entitled to a copy of the department of safety printout at the defendant's first appearance in court or at least fourteen (14) days prior to a trial on the merits. (3) Upon motion properly made in writing alleging that one (1) or more prior convictions is in error and setting forth the error, the court may require that a certified copy of the judgment of conviction for the offense be provided for inspection by the court as to its validity prior to the department of safety printout's being introduced into evidence.
(1) Notwithstanding any other rule of evidence or law to the contrary, in the prosecution of second or subsequent offenders under this section the official driver record maintained by the department of safety and produced upon a certified computer printout shall constitute prima facie evidence of the prior conviction.
(2) Following indictment by a grand jury, the defendant shall be given a copy of the department of safety printout at the time of arraignment. If the charge is by warrant, the defendant is entitled to a copy of the department of safety printout at the defendant's first appearance in court or at least fourteen (14) days prior to a trial on the merits.
(3) Upon motion properly made in writing alleging that one (1) or more prior convictions is in error and setting forth the error, the court may require that a certified copy of the judgment of conviction for the offense be provided for inspection by the court as to its validity prior to the department of safety printout's being introduced into evidence.
(j) Notwithstanding subdivision (a)(1), a person who drives a motor vehicle without a functioning ignition interlock device installed on such vehicle within the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, manufactured housing complex or apartment house complex or any other premises frequented by the public at large at a time when the person was required by law to drive only a motor vehicle equipped with a functioning ignition interlock device commits a Class B misdemeanor and shall be punished by confinement for not less than seven (7) days nor more than six (6) months, and there may be imposed, in addition, a fine of not more than one thousand dollars ($1,000).
Amended by 2016 Tenn. Acts, ch. 748, s 1, eff. 1/1/2017.
Acts 1937, ch. 90, § 15; mod. C. Supp. 1950, § 2715.23 (Williams, § 2715.28); Acts 1955, ch. 114, § 11; 1961, ch. 94, § 3; T.C.A. (orig. ed.), § 59-716; Acts 1983, ch. 337, §§ 1, 2; T.C.A., §§ 55-7-116 , 55-7-504; Acts 1989, ch. 591, § 112; 1992, ch. 722, §§ 2-6; 1994, ch. 892, §§ 1, 2; 1996, ch. 959, § 1; 1997 , ch. 375, § 2; 2000, ch. 565, § 1; 2000, ch. 799, §§ 1, 2; 2001, ch. 455, § 1; 2002, ch. 732, § 1; 2007 , ch. 251, §§ 1, 2; 2010 , ch. 921, § 13.
Tenn. Code Ann. § 55-4-225 — TN Code / Title 55 / Chapter 4 / Section 55-4-225
Amateur radio station licensees
Status: in_force

(a) An owner or lessee of a motor vehicle who is a resident of this state and who holds an unrevoked and unexpired official amateur radio station license issued by the federal communications commission may apply to the department, through the county clerk, for issuance of a special purpose license plate under this part. The application shall be accompanied by proof of ownership of a amateur radio station license. (b) (1) The initial issuance of a special purpose license plate to the applicant shall be made upon payment of the regular registration fee for plates, as prescribed under § 55-4-111 , and upon payment of the additional fee prescribed by § 55-4-204 , if applicable. Thereafter, annual renewal for a qualified resident shall be as provided by this chapter. (2) The special purpose license plates issued pursuant to this section for motor vehicles authorized by § 55-4-210(c) and motorcycles shall bear the official amateur radio call letters assigned by the federal communications commission to the applicant. (c) All applications under this section shall be accompanied by the required fees. (d) In the event of the reissuance of a special purpose license plate under this section whether due to design changes, loss, changes in call letters, revocation or expiration of the radio station license or any other reason shall require payment of fees in the same manner as initial issuance of the license plate. (e) (1) To be eligible for an amateur radio license plate issued pursuant to § 55-4-203(c)(1)(A) without paying the fee prescribed by § 55-4-204(a)(4)(A)(ii) in addition to the regular fee for the plate, the registrant shall furnish proof to the commissioner, through the county clerk, that the registrant is a member of a squad or group that actively participates in needed services during any and all emergencies, as determined by the civil defense, rescue squads or other organizations that are engaged in volunteer emergency services. (2) Notwithstanding this part to the contrary, to be eligible for an amateur radio license plate without paying the fee prescribed by § 55-4-204(a)(4)(A)(ii) in addition to the regular fee for the plate, the registrant shall furnish proof to the commissioner, through the county clerk, that the registrant: (A) Has credentials approved by the county emergency management director; or (B) Holds a class license as an amateur radio operator issued by the federal communications commission. Amended by 2018 Tenn. Acts, ch. 1023,s 49, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 990,s 1, eff. 5/21/2018. Amended by 2016 Tenn. Acts, ch. 702,s 1, eff. 4/6/2016. Acts 1998, ch. 1063, § 1.
(a) An owner or lessee of a motor vehicle who is a resident of this state and who holds an unrevoked and unexpired official amateur radio station license issued by the federal communications commission may apply to the department, through the county clerk, for issuance of a special purpose license plate under this part. The application shall be accompanied by proof of ownership of a amateur radio station license.
(b) (1) The initial issuance of a special purpose license plate to the applicant shall be made upon payment of the regular registration fee for plates, as prescribed under § 55-4-111 , and upon payment of the additional fee prescribed by § 55-4-204 , if applicable. Thereafter, annual renewal for a qualified resident shall be as provided by this chapter. (2) The special purpose license plates issued pursuant to this section for motor vehicles authorized by § 55-4-210(c) and motorcycles shall bear the official amateur radio call letters assigned by the federal communications commission to the applicant.
(1) The initial issuance of a special purpose license plate to the applicant shall be made upon payment of the regular registration fee for plates, as prescribed under § 55-4-111 , and upon payment of the additional fee prescribed by § 55-4-204 , if applicable. Thereafter, annual renewal for a qualified resident shall be as provided by this chapter.
(2) The special purpose license plates issued pursuant to this section for motor vehicles authorized by § 55-4-210(c) and motorcycles shall bear the official amateur radio call letters assigned by the federal communications commission to the applicant.
(c) All applications under this section shall be accompanied by the required fees.
(d) In the event of the reissuance of a special purpose license plate under this section whether due to design changes, loss, changes in call letters, revocation or expiration of the radio station license or any other reason shall require payment of fees in the same manner as initial issuance of the license plate.
(e) (1) To be eligible for an amateur radio license plate issued pursuant to § 55-4-203(c)(1)(A) without paying the fee prescribed by § 55-4-204(a)(4)(A)(ii) in addition to the regular fee for the plate, the registrant shall furnish proof to the commissioner, through the county clerk, that the registrant is a member of a squad or group that actively participates in needed services during any and all emergencies, as determined by the civil defense, rescue squads or other organizations that are engaged in volunteer emergency services. (2) Notwithstanding this part to the contrary, to be eligible for an amateur radio license plate without paying the fee prescribed by § 55-4-204(a)(4)(A)(ii) in addition to the regular fee for the plate, the registrant shall furnish proof to the commissioner, through the county clerk, that the registrant: (A) Has credentials approved by the county emergency management director; or (B) Holds a class license as an amateur radio operator issued by the federal communications commission.
(1) To be eligible for an amateur radio license plate issued pursuant to § 55-4-203(c)(1)(A) without paying the fee prescribed by § 55-4-204(a)(4)(A)(ii) in addition to the regular fee for the plate, the registrant shall furnish proof to the commissioner, through the county clerk, that the registrant is a member of a squad or group that actively participates in needed services during any and all emergencies, as determined by the civil defense, rescue squads or other organizations that are engaged in volunteer emergency services.
(2) Notwithstanding this part to the contrary, to be eligible for an amateur radio license plate without paying the fee prescribed by § 55-4-204(a)(4)(A)(ii) in addition to the regular fee for the plate, the registrant shall furnish proof to the commissioner, through the county clerk, that the registrant: (A) Has credentials approved by the county emergency management director; or (B) Holds a class license as an amateur radio operator issued by the federal communications commission.
(A) Has credentials approved by the county emergency management director; or
(B) Holds a class license as an amateur radio operator issued by the federal communications commission.
Amended by 2018 Tenn. Acts, ch. 1023,s 49, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 990,s 1, eff. 5/21/2018.
Amended by 2016 Tenn. Acts, ch. 702,s 1, eff. 4/6/2016.
Acts 1998, ch. 1063, § 1.
Tenn. Code Ann. § 55-50-321-d-1 — TN Code / Title 55 / Chapter 50 / Section 55-50-321-d-1
2024 Tennessee Code Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) Chapter 50 - UNIFORM CLASSIFIED AND COMMERCIAL DRIVER LICENSE ACT (§§ 55-50-101 — 55-50-903) Part 3 - APPLICATION, EXAMINATION, AND ISSUANCE (§§ 55-50-301 — 55-50-354) Section 55-50-321 - [Effective upon funding contingency by the federal selective service system. See the Compiler's Notes] Applications
Status: in_force

(a) (1) Every application for a driver license, instruction permit, intermediate driver license, and photo identification card shall be made upon a form furnished by the department. Every application shall be accompanied by a birth certificate or other proof of the applicant's date of birth that is satisfactory to the driver license examiner and by a nonrefundable fee of two dollars ($2.00), which shall constitute expendable receipts of the department. The application shall also be accompanied by proof of Tennessee residency acceptable to the department. (2) The application fee required under subdivision (a)(1) is not required in the case of applications for restricted driver licenses under § 40-24-105(b) . (b) The driver license examiner is authorized and required to obtain positive proof of age and identification of any person taking an examination for a driver license. The applicant shall make certification on the application as to the applicant's age and identification, and, in addition, shall submit to the driver license examiner other documentation meeting the criteria established by rules promulgated by the commissioner as proof of age and identification, or present to the driver license examiner one (1) person who possesses a valid driver license issued in this state who shall attest, in writing, under oath, that the applicant has truthfully identified the applicant in the applicant's affidavit. For applicants under eighteen (18) years of age, the oath may be administered to, and the affidavit attested and signed by, a parent or legal guardian of the applicant, if the parent or legal guardian possesses a valid driver license issued in this state. The driver license examiners are empowered and authorized to administer oaths to applicants and attesting witnesses and to take affidavits. (c) (1) (A) Every application shall state the full name, date and place of birth, sex, county of residence, residence address, including the street address and number or route and box number, or post office box number if the applicant has no bona fide residential street address, of applicant, height, weight, hair and eye color, social security number, if the applicant has been issued a social security number, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation, or refusal, and other information as the department may require to determine the applicant's identity, competency, and eligibility. The information regarding the applicant's social security number shall be maintained in the records of the department of safety for use as required by any state or federal law relative to child support establishment or enforcement or for other purposes as may be required by law. If the department allows the use of a number other than the social security number on the face of the license, and the social security number obtained on the application is kept on file with the department, the department shall so advise the applicant. Any applicant for a Tennessee driver license who desires the assistance of an interpreter in order to make application for a license and complete the required application shall be responsible for procuring this assistance; provided, that nothing contained within this part shall be construed or implemented in any manner that violates the Americans With Disabilities Act ( 42 U.S.C. § 12101 et seq.). (B) Any applicant who does not have, or who states that the applicant has never been issued, a social security number required by subdivision (c)(1)(A) shall complete an affidavit, under penalty of perjury, affirming that the applicant has never been issued a social security number. (C) Any applicant applying for a driver license, instruction permit, intermediate driver license or photo identification license, upon initial issuance or reinstatement, shall provide either an original or certified copy of one of the following: (i) Documentation that the applicant is a citizen of the United States; or (ii) Documentation issued by the United States government establishing that the applicant is a lawful permanent resident. (D) Any applicant who has received an initial issuance of a driver license since January 1, 2001, shall provide documentation as required in subdivision (c)(1)(C)(i) or (c)(1)(C)(ii) upon the first renewal date of the license. (E) Any applicant applying for reinstatement on or after July 1, 2012, for which the department has the documents required in subdivision (c)(1)(C)(i) or (c)(1)(C)(ii) on file, shall be deemed in compliance with subdivision (c)(1)(C) unless otherwise required by law. (2) For applicants under eighteen (18) years of age, the application shall be accompanied by documentation of compliance with § 49-6-3017 . No first-time applicant who is eighteen (18) years of age or younger suspended pursuant to § 55-50-502(a)(1)(J) , shall be assessed a reinstatement fee by the department. (d) Whenever an application is received from a person previously licensed in another jurisdiction, the department shall request a copy of the driver's record in this state with the same force and effect as though entered on the driver's record in this state in the original instance. (e) Section 55-50-602 is applicable to any person who knowingly makes false or fraudulent certification as to the person's identification, date of birth, or driving privileges when making application for a driver license or photo identification license. The false attestation, knowingly made, is also punishable by suspension of the driver license of the person for two (2) years. The person shall be entitled to the rights and remedies established by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for contested case hearings. (f) [Effective December 1, 2002, if contingency met. See the Compiler's Notes.] Every application form for an intermediate driver license, driver license, renewal of driver license or photo identification license shall contain the following language printed clearly thereon: "By submitting this application, I am consenting to registration with the Selective Service System, if so required by Federal Law." (g) The department shall not accept matricula consular cards as proof of identification for driver license application and issuance purposes. (h) Any applicant applying for a temporary driver license, temporary learner permit, temporary intermediate driver license or temporary photo identification license, upon initial issuance, renewal and reinstatement, shall provide proof acceptable to the department relative to the applicant's identity, Tennessee residency, and authorized period of stay in the United States. (i) (1) Any person presenting a driver license from a state that issues driver licenses to illegal aliens for the purposes of obtaining a Tennessee driver license shall be required to establish proof of United States citizenship, lawful permanent resident status, or, in the case of a temporary driver license, a specified period of authorized stay in the United States. (2) The department is authorized to promulgate rules necessary to effectuate this subsection (i) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department is also authorized to utilize any process to comply with any rules and regulations, exemptions, and policies promulgated by the United States secretary of homeland security or other state or federal agency. Amended by 2021 Tenn. Acts, ch. 410, s 5, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 665, s 1, eff. 7/1/2018. Acts 1937, ch. 90, § 6; 1943, ch. 56, § 1; mod. C. Supp. 1950, § 2715.14 (Williams, §§ 2715.19, 2715.19a); Acts 1955, ch. 114, § 4; 1967, ch. 97, § 1; 1967, ch. 370, § 1; 1969, ch. 176, §§ 1, 2; 1970, ch. 352, § 1; 1972, ch. 652, § 1; 1974, ch. 444, §§ 3, 4; 1974, ch. 748, § 31; modified; T.C.A. (orig. ed.), § 59-707; Acts 1980, ch. 817, § 1; 1982, ch. 767, § 1; 1984, ch. 942, § 1; 1987, ch. 446, § 9; 1988, ch. 584, § 7; 1988, ch. 978, § 1; T.C.A., §§ 55-7-107 , 55-7-321; Acts 1989, ch. 137, § 1; 1989, ch. 341, § 2; 1990, ch. 819, § 3; 1992, ch. 611, § 1; 1992, ch. 791, § 9; 1995, ch. 156, § 1; 1998, ch. 699, § 1; 1998, ch. 779, § 1; 1998, ch. 1098, § 62; 1999, ch. 374, § 3; 2000, ch. 700, § 7; 2001, ch. 158, §§ 1, 2; 2002, ch. 781, § 3; 2003 , ch. 351, § 1; 2004, ch. 778, § 3; 2007 , ch. 194, §§ 9, 10; 2012 , ch. 542, § 1.
(a) (1) Every application for a driver license, instruction permit, intermediate driver license, and photo identification card shall be made upon a form furnished by the department. Every application shall be accompanied by a birth certificate or other proof of the applicant's date of birth that is satisfactory to the driver license examiner and by a nonrefundable fee of two dollars ($2.00), which shall constitute expendable receipts of the department. The application shall also be accompanied by proof of Tennessee residency acceptable to the department. (2) The application fee required under subdivision (a)(1) is not required in the case of applications for restricted driver licenses under § 40-24-105(b) .
(1) Every application for a driver license, instruction permit, intermediate driver license, and photo identification card shall be made upon a form furnished by the department. Every application shall be accompanied by a birth certificate or other proof of the applicant's date of birth that is satisfactory to the driver license examiner and by a nonrefundable fee of two dollars ($2.00), which shall constitute expendable receipts of the department. The application shall also be accompanied by proof of Tennessee residency acceptable to the department.
(2) The application fee required under subdivision (a)(1) is not required in the case of applications for restricted driver licenses under § 40-24-105(b) .
(b) The driver license examiner is authorized and required to obtain positive proof of age and identification of any person taking an examination for a driver license. The applicant shall make certification on the application as to the applicant's age and identification, and, in addition, shall submit to the driver license examiner other documentation meeting the criteria established by rules promulgated by the commissioner as proof of age and identification, or present to the driver license examiner one (1) person who possesses a valid driver license issued in this state who shall attest, in writing, under oath, that the applicant has truthfully identified the applicant in the applicant's affidavit. For applicants under eighteen (18) years of age, the oath may be administered to, and the affidavit attested and signed by, a parent or legal guardian of the applicant, if the parent or legal guardian possesses a valid driver license issued in this state. The driver license examiners are empowered and authorized to administer oaths to applicants and attesting witnesses and to take affidavits.
(c) (1) (A) Every application shall state the full name, date and place of birth, sex, county of residence, residence address, including the street address and number or route and box number, or post office box number if the applicant has no bona fide residential street address, of applicant, height, weight, hair and eye color, social security number, if the applicant has been issued a social security number, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation, or refusal, and other information as the department may require to determine the applicant's identity, competency, and eligibility. The information regarding the applicant's social security number shall be maintained in the records of the department of safety for use as required by any state or federal law relative to child support establishment or enforcement or for other purposes as may be required by law. If the department allows the use of a number other than the social security number on the face of the license, and the social security number obtained on the application is kept on file with the department, the department shall so advise the applicant. Any applicant for a Tennessee driver license who desires the assistance of an interpreter in order to make application for a license and complete the required application shall be responsible for procuring this assistance; provided, that nothing contained within this part shall be construed or implemented in any manner that violates the Americans With Disabilities Act ( 42 U.S.C. § 12101 et seq.). (B) Any applicant who does not have, or who states that the applicant has never been issued, a social security number required by subdivision (c)(1)(A) shall complete an affidavit, under penalty of perjury, affirming that the applicant has never been issued a social security number. (C) Any applicant applying for a driver license, instruction permit, intermediate driver license or photo identification license, upon initial issuance or reinstatement, shall provide either an original or certified copy of one of the following: (i) Documentation that the applicant is a citizen of the United States; or (ii) Documentation issued by the United States government establishing that the applicant is a lawful permanent resident. (D) Any applicant who has received an initial issuance of a driver license since January 1, 2001, shall provide documentation as required in subdivision (c)(1)(C)(i) or (c)(1)(C)(ii) upon the first renewal date of the license. (E) Any applicant applying for reinstatement on or after July 1, 2012, for which the department has the documents required in subdivision (c)(1)(C)(i) or (c)(1)(C)(ii) on file, shall be deemed in compliance with subdivision (c)(1)(C) unless otherwise required by law. (2) For applicants under eighteen (18) years of age, the application shall be accompanied by documentation of compliance with § 49-6-3017 . No first-time applicant who is eighteen (18) years of age or younger suspended pursuant to § 55-50-502(a)(1)(J) , shall be assessed a reinstatement fee by the department.
(1) (A) Every application shall state the full name, date and place of birth, sex, county of residence, residence address, including the street address and number or route and box number, or post office box number if the applicant has no bona fide residential street address, of applicant, height, weight, hair and eye color, social security number, if the applicant has been issued a social security number, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation, or refusal, and other information as the department may require to determine the applicant's identity, competency, and eligibility. The information regarding the applicant's social security number shall be maintained in the records of the department of safety for use as required by any state or federal law relative to child support establishment or enforcement or for other purposes as may be required by law. If the department allows the use of a number other than the social security number on the face of the license, and the social security number obtained on the application is kept on file with the department, the department shall so advise the applicant. Any applicant for a Tennessee driver license who desires the assistance of an interpreter in order to make application for a license and complete the required application shall be responsible for procuring this assistance; provided, that nothing contained within this part shall be construed or implemented in any manner that violates the Americans With Disabilities Act ( 42 U.S.C. § 12101 et seq.). (B) Any applicant who does not have, or who states that the applicant has never been issued, a social security number required by subdivision (c)(1)(A) shall complete an affidavit, under penalty of perjury, affirming that the applicant has never been issued a social security number. (C) Any applicant applying for a driver license, instruction permit, intermediate driver license or photo identification license, upon initial issuance or reinstatement, shall provide either an original or certified copy of one of the following: (i) Documentation that the applicant is a citizen of the United States; or (ii) Documentation issued by the United States government establishing that the applicant is a lawful permanent resident. (D) Any applicant who has received an initial issuance of a driver license since January 1, 2001, shall provide documentation as required in subdivision (c)(1)(C)(i) or (c)(1)(C)(ii) upon the first renewal date of the license. (E) Any applicant applying for reinstatement on or after July 1, 2012, for which the department has the documents required in subdivision (c)(1)(C)(i) or (c)(1)(C)(ii) on file, shall be deemed in compliance with subdivision (c)(1)(C) unless otherwise required by law.
(A) Every application shall state the full name, date and place of birth, sex, county of residence, residence address, including the street address and number or route and box number, or post office box number if the applicant has no bona fide residential street address, of applicant, height, weight, hair and eye color, social security number, if the applicant has been issued a social security number, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation, or refusal, and other information as the department may require to determine the applicant's identity, competency, and eligibility. The information regarding the applicant's social security number shall be maintained in the records of the department of safety for use as required by any state or federal law relative to child support establishment or enforcement or for other purposes as may be required by law. If the department allows the use of a number other than the social security number on the face of the license, and the social security number obtained on the application is kept on file with the department, the department shall so advise the applicant. Any applicant for a Tennessee driver license who desires the assistance of an interpreter in order to make application for a license and complete the required application shall be responsible for procuring this assistance; provided, that nothing contained within this part shall be construed or implemented in any manner that violates the Americans With Disabilities Act ( 42 U.S.C. § 12101 et seq.).
(B) Any applicant who does not have, or who states that the applicant has never been issued, a social security number required by subdivision (c)(1)(A) shall complete an affidavit, under penalty of perjury, affirming that the applicant has never been issued a social security number.
(C) Any applicant applying for a driver license, instruction permit, intermediate driver license or photo identification license, upon initial issuance or reinstatement, shall provide either an original or certified copy of one of the following: (i) Documentation that the applicant is a citizen of the United States; or (ii) Documentation issued by the United States government establishing that the applicant is a lawful permanent resident.
(i) Documentation that the applicant is a citizen of the United States; or
(ii) Documentation issued by the United States government establishing that the applicant is a lawful permanent resident.
(D) Any applicant who has received an initial issuance of a driver license since January 1, 2001, shall provide documentation as required in subdivision (c)(1)(C)(i) or (c)(1)(C)(ii) upon the first renewal date of the license.
(E) Any applicant applying for reinstatement on or after July 1, 2012, for which the department has the documents required in subdivision (c)(1)(C)(i) or (c)(1)(C)(ii) on file, shall be deemed in compliance with subdivision (c)(1)(C) unless otherwise required by law.
(2) For applicants under eighteen (18) years of age, the application shall be accompanied by documentation of compliance with § 49-6-3017 . No first-time applicant who is eighteen (18) years of age or younger suspended pursuant to § 55-50-502(a)(1)(J) , shall be assessed a reinstatement fee by the department.
(d) Whenever an application is received from a person previously licensed in another jurisdiction, the department shall request a copy of the driver's record in this state with the same force and effect as though entered on the driver's record in this state in the original instance.
(e) Section 55-50-602 is applicable to any person who knowingly makes false or fraudulent certification as to the person's identification, date of birth, or driving privileges when making application for a driver license or photo identification license. The false attestation, knowingly made, is also punishable by suspension of the driver license of the person for two (2) years. The person shall be entitled to the rights and remedies established by the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for contested case hearings.
(f) [Effective December 1, 2002, if contingency met. See the Compiler's Notes.] Every application form for an intermediate driver license, driver license, renewal of driver license or photo identification license shall contain the following language printed clearly thereon: "By submitting this application, I am consenting to registration with the Selective Service System, if so required by Federal Law."
(g) The department shall not accept matricula consular cards as proof of identification for driver license application and issuance purposes.
(h) Any applicant applying for a temporary driver license, temporary learner permit, temporary intermediate driver license or temporary photo identification license, upon initial issuance, renewal and reinstatement, shall provide proof acceptable to the department relative to the applicant's identity, Tennessee residency, and authorized period of stay in the United States.
(i) (1) Any person presenting a driver license from a state that issues driver licenses to illegal aliens for the purposes of obtaining a Tennessee driver license shall be required to establish proof of United States citizenship, lawful permanent resident status, or, in the case of a temporary driver license, a specified period of authorized stay in the United States. (2) The department is authorized to promulgate rules necessary to effectuate this subsection (i) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department is also authorized to utilize any process to comply with any rules and regulations, exemptions, and policies promulgated by the United States secretary of homeland security or other state or federal agency.
(1) Any person presenting a driver license from a state that issues driver licenses to illegal aliens for the purposes of obtaining a Tennessee driver license shall be required to establish proof of United States citizenship, lawful permanent resident status, or, in the case of a temporary driver license, a specified period of authorized stay in the United States.
(2) The department is authorized to promulgate rules necessary to effectuate this subsection (i) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department is also authorized to utilize any process to comply with any rules and regulations, exemptions, and policies promulgated by the United States secretary of homeland security or other state or federal agency.
Amended by 2021 Tenn. Acts, ch. 410, s 5, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 665, s 1, eff. 7/1/2018.
Acts 1937, ch. 90, § 6; 1943, ch. 56, § 1; mod. C. Supp. 1950, § 2715.14 (Williams, §§ 2715.19, 2715.19a); Acts 1955, ch. 114, § 4; 1967, ch. 97, § 1; 1967, ch. 370, § 1; 1969, ch. 176, §§ 1, 2; 1970, ch. 352, § 1; 1972, ch. 652, § 1; 1974, ch. 444, §§ 3, 4; 1974, ch. 748, § 31; modified; T.C.A. (orig. ed.), § 59-707; Acts 1980, ch. 817, § 1; 1982, ch. 767, § 1; 1984, ch. 942, § 1; 1987, ch. 446, § 9; 1988, ch. 584, § 7; 1988, ch. 978, § 1; T.C.A., §§ 55-7-107 , 55-7-321; Acts 1989, ch. 137, § 1; 1989, ch. 341, § 2; 1990, ch. 819, § 3; 1992, ch. 611, § 1; 1992, ch. 791, § 9; 1995, ch. 156, § 1; 1998, ch. 699, § 1; 1998, ch. 779, § 1; 1998, ch. 1098, § 62; 1999, ch. 374, § 3; 2000, ch. 700, § 7; 2001, ch. 158, §§ 1, 2; 2002, ch. 781, § 3; 2003 , ch. 351, § 1; 2004, ch. 778, § 3; 2007 , ch. 194, §§ 9, 10; 2012 , ch. 542, § 1.
Tenn. Code Ann. § 55-8-199 — TN Code / Title 55 / Chapter 8 / Section 55-8-199
Prohibited uses of wireless telecommunications devices or stand-alone electronic devices
Status: in_force

(a) As used in this section: (1) "Stand-alone electronic device" means a portable device other than a wireless telecommunications device that stores audio or video data files to be retrieved on demand by a user; (2) "Utility services" means electric, natural gas, water, wastewater, cable, telephone, or telecommunications services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, or associated infrastructure; and (3) "Wireless telecommunications device" means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data. "Wireless telecommunications device" does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, autonomous technology, or remote diagnostics system. (b) (1) A person, while operating a motor vehicle on any road or highway in this state, shall not: (A) Physically hold or support, with any part of the person's body, a: (i) Wireless telecommunications device. This subdivision (b)(1)(A)(i) does not prohibit a person eighteen (18) years of age or older from: (a) Using an earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication; or (b) Using only one (1) button on a wireless telecommunications device to initiate or terminate a voice communication; or (ii) Stand-alone electronic device; (B) Write, send, or read any text-based communication, including, but not limited to, a text message, instant message, email, or internet data on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(1)(B) does not apply to any person eighteen (18) years of age or older who uses such devices: (i) To automatically convert a voice-based communication to be sent as a message in a written form; or (ii) For navigation of the motor vehicle through use of a device's global positioning system; (C) Reach for a wireless telecommunications device or stand-alone electronic device in a manner that requires the driver to no longer be: (i) In a seated driving position; or (ii) Properly restrained by a safety belt; (D) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than viewing data related to the navigation of the motor vehicle; or (E) Record or broadcast video on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(1) does not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle. (2) Notwithstanding subdivisions (b)(1)(A) and (B), and in addition to the exceptions described in those subdivisions, a function or feature of a wireless telecommunications device or stand-alone electronic device may be activated or deactivated in a manner requiring the physical use of the driver's hand while the driver is operating a motor vehicle if: (A) The wireless telecommunications device or stand-alone electronic device is mounted on the vehicle's windshield, dashboard, or center console in a manner that does not hinder the driver's view of the road; and (B) The driver's hand is used to activate or deactivate a feature or function of the wireless telecommunications device or stand-alone electronic device with the motion of one (1) swipe or tap of the driver's finger, and does not activate camera, video, or gaming features or functions for viewing, recording, amusement, or other non-navigational functions, other than features or functions related to the transportation of persons or property for compensation or payment of a fee. (c) (1) A violation of this section is a Class C misdemeanor, subject only to imposition of a fine not to exceed fifty dollars ($50.00). However, if the violation is the person's third or subsequent offense or if the violation results in an accident, the fine is one hundred dollars ($100); or if the violation occurs in a work zone when employees of the department of transportation or construction workers are present or in a marked school zone when a warning flasher or flashers are in operation, the fine is two hundred dollars ($200). Any person violating this section is subject to the imposition of court costs not to exceed ten dollars ($10.00), including, but not limited to, any statutory fees of officers. State and local litigation taxes are not applicable to a case prosecuted under this section. (2) In lieu of any fine imposed under subdivision (c)(1), a person who violates this section as a first offense may attend and complete a driver education course pursuant to § 55-10-301 . (3) Each violation of this section constitutes a separate offense. (4) A second or subsequent violation of this section by a person who is younger than eighteen (18) years of age results in seven (7) points being charged to the person's driving record. (d) This section does not apply to the following persons: (1) Officers of this state or of any county, city, or town charged with the enforcement of the laws of this state, or federal law enforcement officers when in the actual discharge of their official duties; (2) Campus police officers and public safety officers, as defined by § 49-7-118 , when in the actual discharge of their official duties; (3) Emergency medical technicians, emergency medical technician-paramedics, and firefighters, both volunteer and career, when in the actual discharge of their official duties; (4) Emergency management agency officers of this state or of any county, city, or town, when in the actual discharge of their official duties; (5) Persons using a wireless telecommunications device to communicate with law enforcement agencies, medical providers, fire departments, or other emergency service agencies while driving a motor vehicle, if the use is necessitated by a bona fide emergency, including a natural or human occurrence that threatens human health, life, or property; (6) Employees or contractors of utility services providers acting within the scope of their employment; and (7) Persons who are lawfully stopped or parked in their motor vehicles or who lawfully leave standing their motor vehicles. (e) A traffic citation that is based solely upon a violation of this section is considered a moving traffic violation. (f) The department of transportation is directed to utilize the department's permanent electronic overhead informational displays located throughout this state to provide periodic messages to the motoring public as to this section. (g) The department of safety is directed to include distracted driving as part of the instructional information used in driver education training.
(a) As used in this section: (1) "Stand-alone electronic device" means a portable device other than a wireless telecommunications device that stores audio or video data files to be retrieved on demand by a user; (2) "Utility services" means electric, natural gas, water, wastewater, cable, telephone, or telecommunications services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, or associated infrastructure; and (3) "Wireless telecommunications device" means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data. "Wireless telecommunications device" does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, autonomous technology, or remote diagnostics system.
(1) "Stand-alone electronic device" means a portable device other than a wireless telecommunications device that stores audio or video data files to be retrieved on demand by a user;
(2) "Utility services" means electric, natural gas, water, wastewater, cable, telephone, or telecommunications services or the repair, location, relocation, improvement, or maintenance of utility poles, transmission structures, pipes, wires, fibers, cables, easements, rights of way, or associated infrastructure; and
(3) "Wireless telecommunications device" means a cellular telephone, a portable telephone, a text-messaging device, a personal digital assistant, a stand-alone computer, a global positioning system receiver, or substantially similar portable wireless device that is used to initiate or receive communication, information, or data. "Wireless telecommunications device" does not include a radio, citizens band radio, citizens band radio hybrid, commercial two-way radio communication device or its functional equivalent, subscription-based emergency communication device, prescribed medical device, amateur or ham radio device, or in-vehicle security, navigation, autonomous technology, or remote diagnostics system.
(b) (1) A person, while operating a motor vehicle on any road or highway in this state, shall not: (A) Physically hold or support, with any part of the person's body, a: (i) Wireless telecommunications device. This subdivision (b)(1)(A)(i) does not prohibit a person eighteen (18) years of age or older from: (a) Using an earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication; or (b) Using only one (1) button on a wireless telecommunications device to initiate or terminate a voice communication; or (ii) Stand-alone electronic device; (B) Write, send, or read any text-based communication, including, but not limited to, a text message, instant message, email, or internet data on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(1)(B) does not apply to any person eighteen (18) years of age or older who uses such devices: (i) To automatically convert a voice-based communication to be sent as a message in a written form; or (ii) For navigation of the motor vehicle through use of a device's global positioning system; (C) Reach for a wireless telecommunications device or stand-alone electronic device in a manner that requires the driver to no longer be: (i) In a seated driving position; or (ii) Properly restrained by a safety belt; (D) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than viewing data related to the navigation of the motor vehicle; or (E) Record or broadcast video on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(1) does not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle. (2) Notwithstanding subdivisions (b)(1)(A) and (B), and in addition to the exceptions described in those subdivisions, a function or feature of a wireless telecommunications device or stand-alone electronic device may be activated or deactivated in a manner requiring the physical use of the driver's hand while the driver is operating a motor vehicle if: (A) The wireless telecommunications device or stand-alone electronic device is mounted on the vehicle's windshield, dashboard, or center console in a manner that does not hinder the driver's view of the road; and (B) The driver's hand is used to activate or deactivate a feature or function of the wireless telecommunications device or stand-alone electronic device with the motion of one (1) swipe or tap of the driver's finger, and does not activate camera, video, or gaming features or functions for viewing, recording, amusement, or other non-navigational functions, other than features or functions related to the transportation of persons or property for compensation or payment of a fee.
(1) A person, while operating a motor vehicle on any road or highway in this state, shall not: (A) Physically hold or support, with any part of the person's body, a: (i) Wireless telecommunications device. This subdivision (b)(1)(A)(i) does not prohibit a person eighteen (18) years of age or older from: (a) Using an earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication; or (b) Using only one (1) button on a wireless telecommunications device to initiate or terminate a voice communication; or (ii) Stand-alone electronic device; (B) Write, send, or read any text-based communication, including, but not limited to, a text message, instant message, email, or internet data on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(1)(B) does not apply to any person eighteen (18) years of age or older who uses such devices: (i) To automatically convert a voice-based communication to be sent as a message in a written form; or (ii) For navigation of the motor vehicle through use of a device's global positioning system; (C) Reach for a wireless telecommunications device or stand-alone electronic device in a manner that requires the driver to no longer be: (i) In a seated driving position; or (ii) Properly restrained by a safety belt; (D) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than viewing data related to the navigation of the motor vehicle; or (E) Record or broadcast video on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(1) does not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.
(A) Physically hold or support, with any part of the person's body, a: (i) Wireless telecommunications device. This subdivision (b)(1)(A)(i) does not prohibit a person eighteen (18) years of age or older from: (a) Using an earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication; or (b) Using only one (1) button on a wireless telecommunications device to initiate or terminate a voice communication; or (ii) Stand-alone electronic device;
(i) Wireless telecommunications device. This subdivision (b)(1)(A)(i) does not prohibit a person eighteen (18) years of age or older from: (a) Using an earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication; or (b) Using only one (1) button on a wireless telecommunications device to initiate or terminate a voice communication; or
(a) Using an earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication; or
(b) Using only one (1) button on a wireless telecommunications device to initiate or terminate a voice communication; or
(ii) Stand-alone electronic device;
(B) Write, send, or read any text-based communication, including, but not limited to, a text message, instant message, email, or internet data on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(1)(B) does not apply to any person eighteen (18) years of age or older who uses such devices: (i) To automatically convert a voice-based communication to be sent as a message in a written form; or (ii) For navigation of the motor vehicle through use of a device's global positioning system;
(i) To automatically convert a voice-based communication to be sent as a message in a written form; or
(ii) For navigation of the motor vehicle through use of a device's global positioning system;
(C) Reach for a wireless telecommunications device or stand-alone electronic device in a manner that requires the driver to no longer be: (i) In a seated driving position; or (ii) Properly restrained by a safety belt;
(i) In a seated driving position; or
(ii) Properly restrained by a safety belt;
(D) Watch a video or movie on a wireless telecommunications device or stand-alone electronic device other than viewing data related to the navigation of the motor vehicle; or
(E) Record or broadcast video on a wireless telecommunications device or stand-alone electronic device. This subdivision (b)(1) does not apply to electronic devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.
(2) Notwithstanding subdivisions (b)(1)(A) and (B), and in addition to the exceptions described in those subdivisions, a function or feature of a wireless telecommunications device or stand-alone electronic device may be activated or deactivated in a manner requiring the physical use of the driver's hand while the driver is operating a motor vehicle if: (A) The wireless telecommunications device or stand-alone electronic device is mounted on the vehicle's windshield, dashboard, or center console in a manner that does not hinder the driver's view of the road; and (B) The driver's hand is used to activate or deactivate a feature or function of the wireless telecommunications device or stand-alone electronic device with the motion of one (1) swipe or tap of the driver's finger, and does not activate camera, video, or gaming features or functions for viewing, recording, amusement, or other non-navigational functions, other than features or functions related to the transportation of persons or property for compensation or payment of a fee.
(A) The wireless telecommunications device or stand-alone electronic device is mounted on the vehicle's windshield, dashboard, or center console in a manner that does not hinder the driver's view of the road; and
(B) The driver's hand is used to activate or deactivate a feature or function of the wireless telecommunications device or stand-alone electronic device with the motion of one (1) swipe or tap of the driver's finger, and does not activate camera, video, or gaming features or functions for viewing, recording, amusement, or other non-navigational functions, other than features or functions related to the transportation of persons or property for compensation or payment of a fee.
(c) (1) A violation of this section is a Class C misdemeanor, subject only to imposition of a fine not to exceed fifty dollars ($50.00). However, if the violation is the person's third or subsequent offense or if the violation results in an accident, the fine is one hundred dollars ($100); or if the violation occurs in a work zone when employees of the department of transportation or construction workers are present or in a marked school zone when a warning flasher or flashers are in operation, the fine is two hundred dollars ($200). Any person violating this section is subject to the imposition of court costs not to exceed ten dollars ($10.00), including, but not limited to, any statutory fees of officers. State and local litigation taxes are not applicable to a case prosecuted under this section. (2) In lieu of any fine imposed under subdivision (c)(1), a person who violates this section as a first offense may attend and complete a driver education course pursuant to § 55-10-301 . (3) Each violation of this section constitutes a separate offense. (4) A second or subsequent violation of this section by a person who is younger than eighteen (18) years of age results in seven (7) points being charged to the person's driving record.
(1) A violation of this section is a Class C misdemeanor, subject only to imposition of a fine not to exceed fifty dollars ($50.00). However, if the violation is the person's third or subsequent offense or if the violation results in an accident, the fine is one hundred dollars ($100); or if the violation occurs in a work zone when employees of the department of transportation or construction workers are present or in a marked school zone when a warning flasher or flashers are in operation, the fine is two hundred dollars ($200). Any person violating this section is subject to the imposition of court costs not to exceed ten dollars ($10.00), including, but not limited to, any statutory fees of officers. State and local litigation taxes are not applicable to a case prosecuted under this section.
(2) In lieu of any fine imposed under subdivision (c)(1), a person who violates this section as a first offense may attend and complete a driver education course pursuant to § 55-10-301 .
(3) Each violation of this section constitutes a separate offense.
(4) A second or subsequent violation of this section by a person who is younger than eighteen (18) years of age results in seven (7) points being charged to the person's driving record.
(d) This section does not apply to the following persons: (1) Officers of this state or of any county, city, or town charged with the enforcement of the laws of this state, or federal law enforcement officers when in the actual discharge of their official duties; (2) Campus police officers and public safety officers, as defined by § 49-7-118 , when in the actual discharge of their official duties; (3) Emergency medical technicians, emergency medical technician-paramedics, and firefighters, both volunteer and career, when in the actual discharge of their official duties; (4) Emergency management agency officers of this state or of any county, city, or town, when in the actual discharge of their official duties; (5) Persons using a wireless telecommunications device to communicate with law enforcement agencies, medical providers, fire departments, or other emergency service agencies while driving a motor vehicle, if the use is necessitated by a bona fide emergency, including a natural or human occurrence that threatens human health, life, or property; (6) Employees or contractors of utility services providers acting within the scope of their employment; and (7) Persons who are lawfully stopped or parked in their motor vehicles or who lawfully leave standing their motor vehicles.
(1) Officers of this state or of any county, city, or town charged with the enforcement of the laws of this state, or federal law enforcement officers when in the actual discharge of their official duties;
(2) Campus police officers and public safety officers, as defined by § 49-7-118 , when in the actual discharge of their official duties;
(3) Emergency medical technicians, emergency medical technician-paramedics, and firefighters, both volunteer and career, when in the actual discharge of their official duties;
(4) Emergency management agency officers of this state or of any county, city, or town, when in the actual discharge of their official duties;
(5) Persons using a wireless telecommunications device to communicate with law enforcement agencies, medical providers, fire departments, or other emergency service agencies while driving a motor vehicle, if the use is necessitated by a bona fide emergency, including a natural or human occurrence that threatens human health, life, or property;
(6) Employees or contractors of utility services providers acting within the scope of their employment; and
(7) Persons who are lawfully stopped or parked in their motor vehicles or who lawfully leave standing their motor vehicles.
(e) A traffic citation that is based solely upon a violation of this section is considered a moving traffic violation.
(f) The department of transportation is directed to utilize the department's permanent electronic overhead informational displays located throughout this state to provide periodic messages to the motoring public as to this section.
(g) The department of safety is directed to include distracted driving as part of the instructional information used in driver education training.
Tenn. Code Ann. § 55-8-104 — TN Code / Title 55 / Chapter 8 / Section 55-8-104
Obedience to police officers
Status: in_force

(a) No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic. (b) A violation of this section is a Class C misdemeanor. Acts 1955, ch. 329, § 4; T.C.A., § 59-804; Acts 1989, ch. 591, § 113.
(a) No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
(b) A violation of this section is a Class C misdemeanor.
Acts 1955, ch. 329, § 4; T.C.A., § 59-804; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 55-17-401 — TN Code / Title 55 / Chapter 17 / Section 55-17-401
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Closed title" means an executed certificate of title indicating the recreational vehicle dealer as the current owner or transferee; (2) "Commission" means the Tennessee motor vehicle commission; (3) "Distributor" means any person who in whole or in part sells or distributes any new and unused recreational vehicles to recreational dealers or who maintains distributor representatives; (4) "Established place of business" means a permanent structure or structures owned, leased, or rented by a recreational vehicle dealer providing signs, facilities, and office space used exclusively for buying, selling, displaying, advertising, demonstrating, servicing, or repairing recreational vehicles or functional or nonfunctional parts of recreational 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; (5) "Factory representative" means a representative employed by a manufacturer for the purpose of making or promoting the sale of recreational vehicles or for supervising, servicing, instructing, procuring, controlling, or contacting for any reason recreational vehicle dealers or prospective recreational vehicle dealers or their employees; (6) "Fraud" includes: (A) A misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; (B) A promise or representation not made honestly and in good faith; or (C) An intentional failure to disclose a material fact; (7) "Manufacturer" means any person who manufactures or assembles new and unused recreational vehicles, or who maintains factory representatives; (8) "Person" means every natural person, partnership, corporation, association, trust, estate, or any other legal entity; (9) "Recreational vehicle" has the same meaning as defined in § 55-28-102 ; (10) "Recreational vehicle dealer": (A) Means a person 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 , or possessing such 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; and (B) Does not include: (i) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court; (ii) Public officers while performing or in the operation of their duties; (iii) Employees of persons, corporations, or associations described in subdivision (10)(B)(i) when engaged in the specific performance of their duties as employees; (iv) A motor vehicle dealer licensed pursuant to part 1 of this chapter not engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new recreational vehicles; (v) News or other advertising media and their employees while in the performance of their usual duties with regard to the sale of advertising; or (vi) All banks, finance companies, loan companies, insurance companies, auto body shops, or garages that have not obtained a recreational vehicle for the purpose of resale, selling, or offering to sell used recreational vehicles directly to the public without the intervention of any other person, when these sales are merely incidental to their primary business activities; (11) "Sale" means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage in any form, whether by transfer in trust or otherwise, of any recreational vehicle or interest in such vehicle, as well as any option, subscription or other contract, or solicitation looking to sell, offer, or attempt to sell in any form, whether spoken or written. A gift or delivery of any recreational vehicle as a bonus on account of the sale of another vehicle or otherwise shall be deemed a sale of the recreational vehicle; and (12) "Vehicle salesperson" means a person licensed as a motor vehicle salesperson pursuant to part 1 of this chapter. Added by 2016 Tenn. Acts, ch. 781,s 10, eff. 1/1/2017.
As used in this part, unless the context otherwise requires:
(1) "Closed title" means an executed certificate of title indicating the recreational vehicle dealer as the current owner or transferee;
(2) "Commission" means the Tennessee motor vehicle commission;
(3) "Distributor" means any person who in whole or in part sells or distributes any new and unused recreational vehicles to recreational dealers or who maintains distributor representatives;
(4) "Established place of business" means a permanent structure or structures owned, leased, or rented by a recreational vehicle dealer providing signs, facilities, and office space used exclusively for buying, selling, displaying, advertising, demonstrating, servicing, or repairing recreational vehicles or functional or nonfunctional parts of recreational 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;
(5) "Factory representative" means a representative employed by a manufacturer for the purpose of making or promoting the sale of recreational vehicles or for supervising, servicing, instructing, procuring, controlling, or contacting for any reason recreational vehicle dealers or prospective recreational vehicle dealers or their employees;
(6) "Fraud" includes: (A) A misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; (B) A promise or representation not made honestly and in good faith; or (C) An intentional failure to disclose a material fact;
(A) A misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact;
(B) A promise or representation not made honestly and in good faith; or
(C) An intentional failure to disclose a material fact;
(7) "Manufacturer" means any person who manufactures or assembles new and unused recreational vehicles, or who maintains factory representatives;
(8) "Person" means every natural person, partnership, corporation, association, trust, estate, or any other legal entity;
(9) "Recreational vehicle" has the same meaning as defined in § 55-28-102 ;
(10) "Recreational vehicle dealer": (A) Means a person 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 , or possessing such 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; and (B) Does not include: (i) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court; (ii) Public officers while performing or in the operation of their duties; (iii) Employees of persons, corporations, or associations described in subdivision (10)(B)(i) when engaged in the specific performance of their duties as employees; (iv) A motor vehicle dealer licensed pursuant to part 1 of this chapter not engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new recreational vehicles; (v) News or other advertising media and their employees while in the performance of their usual duties with regard to the sale of advertising; or (vi) All banks, finance companies, loan companies, insurance companies, auto body shops, or garages that have not obtained a recreational vehicle for the purpose of resale, selling, or offering to sell used recreational vehicles directly to the public without the intervention of any other person, when these sales are merely incidental to their primary business activities;
(A) Means a person 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 , or possessing such 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; and
(B) Does not include: (i) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court; (ii) Public officers while performing or in the operation of their duties; (iii) Employees of persons, corporations, or associations described in subdivision (10)(B)(i) when engaged in the specific performance of their duties as employees; (iv) A motor vehicle dealer licensed pursuant to part 1 of this chapter not engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new recreational vehicles; (v) News or other advertising media and their employees while in the performance of their usual duties with regard to the sale of advertising; or (vi) All banks, finance companies, loan companies, insurance companies, auto body shops, or garages that have not obtained a recreational vehicle for the purpose of resale, selling, or offering to sell used recreational vehicles directly to the public without the intervention of any other person, when these sales are merely incidental to their primary business activities;
(i) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court;
(ii) Public officers while performing or in the operation of their duties;
(iii) Employees of persons, corporations, or associations described in subdivision (10)(B)(i) when engaged in the specific performance of their duties as employees;
(iv) A motor vehicle dealer licensed pursuant to part 1 of this chapter not engaged in the business of selling, offering to sell, soliciting, or advertising the sale of new recreational vehicles;
(v) News or other advertising media and their employees while in the performance of their usual duties with regard to the sale of advertising; or
(vi) All banks, finance companies, loan companies, insurance companies, auto body shops, or garages that have not obtained a recreational vehicle for the purpose of resale, selling, or offering to sell used recreational vehicles directly to the public without the intervention of any other person, when these sales are merely incidental to their primary business activities;
(11) "Sale" means the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, or mortgage in any form, whether by transfer in trust or otherwise, of any recreational vehicle or interest in such vehicle, as well as any option, subscription or other contract, or solicitation looking to sell, offer, or attempt to sell in any form, whether spoken or written. A gift or delivery of any recreational vehicle as a bonus on account of the sale of another vehicle or otherwise shall be deemed a sale of the recreational vehicle; and
(12) "Vehicle salesperson" means a person licensed as a motor vehicle salesperson pursuant to part 1 of this chapter.
Added by 2016 Tenn. Acts, ch. 781,s 10, eff. 1/1/2017.
Tenn. Code Ann. § 55-10-705 — TN Code / Title 55 / Chapter 10 / Section 55-10-705
Restricted motor vehicle operator's license
Status: in_force

(a) (1) If an order of denial has been issued pursuant to § 55-10-701 and it is the first order of denial so issued by any court for the offender, then upon motion of the offender, the court is vested with the authority and discretion to issue an order for a restricted motor vehicle operator's license subject to the conditions and requirements of subdivision (a)(3). (2) If an order of denial has been issued pursuant to § 55-10-701 and it is the second or subsequent order of denial so issued by any court for the offender, then, after the expiration of at least one (1) year from the date of the entry of the latest order of denial or after the offender reaches seventeen (17) years of age, whichever is later, upon motion of the offender, the court is vested with the authority and discretion to issue an order for a restricted motor vehicle operator's license subject to the conditions and requirements of subdivision (a)(3). (3) No restricted license may be issued under this section unless the court finds by clear and convincing evidence that an economic, educational or health-related hardship will result without the restricted license. A restricted license shall not be granted for travel to and from an educational institution if reasonable parental transportation is available or free transportation is provided by the educational institution, school district or local governmental agency. This restricted license shall not be granted for travel to and from social events or extracurricular school activities. This restricted license may be granted for travel to and from and working at the person's regular place of employment if reasonable public transportation is not available and the person's earnings are essential to the well-being of the family unit. An order allowing a restricted license shall state with all practicable specificity the necessary time and places of permissible operation of a motor vehicle and shall be made a part of the judgment of the court. The offender may obtain a certified copy of the order and within ten (10) days after it is issued present it, together with an application fee of twenty dollars ($20.00), to the department of safety which shall forthwith issue a restricted license embodying the limitations imposed; provided, that the person must first reach proper age and comply with all testing requirements. After proper application and until the restricted license is issued, a certified copy of the order of judgment of the court may serve as the motor vehicle operator's license. (4) For a motion under this section to be properly before a court for consideration, the local district attorney general must have received at least ten (10) days' prior notice of the motion, together with the time and place it will be considered. The motion must be joined in by a custodial parent or legal guardian of the offender, if the offender is an unemancipated juvenile at the time the motion is made. A custodial parent or legal guardian must appear in court with the offender if the offender is an unemancipated juvenile at the time the motion is made. The motion shall state whether any prior orders of denial have been issued by any court and shall include as exhibits any prior orders of denial so issued. (5) The local district attorney general or assistant district attorney general has the right to present evidence and be heard in proceedings under this section. (b) Any restricted license issued under this section shall be subject to renewal in the same manner as other licenses. (c) In the prosecution of second or subsequent offenders, the indictment, petition, or charging instrument must allege any prior orders of denial imposed for the violation of any provisions of this part, setting forth the time and place of each order. (d) If a court orders the issuance of a restricted license to any person pursuant to this section, and the person is an unemancipated juvenile, the court shall order the custodial parent or legal guardian to certify to the court, in writing, at six (6) week intervals the person's continuing compliance with the restrictive conditions. Acts 1989, ch. 64, § 6.
(a) (1) If an order of denial has been issued pursuant to § 55-10-701 and it is the first order of denial so issued by any court for the offender, then upon motion of the offender, the court is vested with the authority and discretion to issue an order for a restricted motor vehicle operator's license subject to the conditions and requirements of subdivision (a)(3). (2) If an order of denial has been issued pursuant to § 55-10-701 and it is the second or subsequent order of denial so issued by any court for the offender, then, after the expiration of at least one (1) year from the date of the entry of the latest order of denial or after the offender reaches seventeen (17) years of age, whichever is later, upon motion of the offender, the court is vested with the authority and discretion to issue an order for a restricted motor vehicle operator's license subject to the conditions and requirements of subdivision (a)(3). (3) No restricted license may be issued under this section unless the court finds by clear and convincing evidence that an economic, educational or health-related hardship will result without the restricted license. A restricted license shall not be granted for travel to and from an educational institution if reasonable parental transportation is available or free transportation is provided by the educational institution, school district or local governmental agency. This restricted license shall not be granted for travel to and from social events or extracurricular school activities. This restricted license may be granted for travel to and from and working at the person's regular place of employment if reasonable public transportation is not available and the person's earnings are essential to the well-being of the family unit. An order allowing a restricted license shall state with all practicable specificity the necessary time and places of permissible operation of a motor vehicle and shall be made a part of the judgment of the court. The offender may obtain a certified copy of the order and within ten (10) days after it is issued present it, together with an application fee of twenty dollars ($20.00), to the department of safety which shall forthwith issue a restricted license embodying the limitations imposed; provided, that the person must first reach proper age and comply with all testing requirements. After proper application and until the restricted license is issued, a certified copy of the order of judgment of the court may serve as the motor vehicle operator's license. (4) For a motion under this section to be properly before a court for consideration, the local district attorney general must have received at least ten (10) days' prior notice of the motion, together with the time and place it will be considered. The motion must be joined in by a custodial parent or legal guardian of the offender, if the offender is an unemancipated juvenile at the time the motion is made. A custodial parent or legal guardian must appear in court with the offender if the offender is an unemancipated juvenile at the time the motion is made. The motion shall state whether any prior orders of denial have been issued by any court and shall include as exhibits any prior orders of denial so issued. (5) The local district attorney general or assistant district attorney general has the right to present evidence and be heard in proceedings under this section.
(1) If an order of denial has been issued pursuant to § 55-10-701 and it is the first order of denial so issued by any court for the offender, then upon motion of the offender, the court is vested with the authority and discretion to issue an order for a restricted motor vehicle operator's license subject to the conditions and requirements of subdivision (a)(3).
(2) If an order of denial has been issued pursuant to § 55-10-701 and it is the second or subsequent order of denial so issued by any court for the offender, then, after the expiration of at least one (1) year from the date of the entry of the latest order of denial or after the offender reaches seventeen (17) years of age, whichever is later, upon motion of the offender, the court is vested with the authority and discretion to issue an order for a restricted motor vehicle operator's license subject to the conditions and requirements of subdivision (a)(3).
(3) No restricted license may be issued under this section unless the court finds by clear and convincing evidence that an economic, educational or health-related hardship will result without the restricted license. A restricted license shall not be granted for travel to and from an educational institution if reasonable parental transportation is available or free transportation is provided by the educational institution, school district or local governmental agency. This restricted license shall not be granted for travel to and from social events or extracurricular school activities. This restricted license may be granted for travel to and from and working at the person's regular place of employment if reasonable public transportation is not available and the person's earnings are essential to the well-being of the family unit. An order allowing a restricted license shall state with all practicable specificity the necessary time and places of permissible operation of a motor vehicle and shall be made a part of the judgment of the court. The offender may obtain a certified copy of the order and within ten (10) days after it is issued present it, together with an application fee of twenty dollars ($20.00), to the department of safety which shall forthwith issue a restricted license embodying the limitations imposed; provided, that the person must first reach proper age and comply with all testing requirements. After proper application and until the restricted license is issued, a certified copy of the order of judgment of the court may serve as the motor vehicle operator's license.
(4) For a motion under this section to be properly before a court for consideration, the local district attorney general must have received at least ten (10) days' prior notice of the motion, together with the time and place it will be considered. The motion must be joined in by a custodial parent or legal guardian of the offender, if the offender is an unemancipated juvenile at the time the motion is made. A custodial parent or legal guardian must appear in court with the offender if the offender is an unemancipated juvenile at the time the motion is made. The motion shall state whether any prior orders of denial have been issued by any court and shall include as exhibits any prior orders of denial so issued.
(5) The local district attorney general or assistant district attorney general has the right to present evidence and be heard in proceedings under this section.
(b) Any restricted license issued under this section shall be subject to renewal in the same manner as other licenses.
(c) In the prosecution of second or subsequent offenders, the indictment, petition, or charging instrument must allege any prior orders of denial imposed for the violation of any provisions of this part, setting forth the time and place of each order.
(d) If a court orders the issuance of a restricted license to any person pursuant to this section, and the person is an unemancipated juvenile, the court shall order the custodial parent or legal guardian to certify to the court, in writing, at six (6) week intervals the person's continuing compliance with the restrictive conditions.
Acts 1989, ch. 64, § 6.
Tenn. Code Ann. § 55-4-221 — TN Code / Title 55 / Chapter 4 / Section 55-4-221
Judiciary members
Status: in_force

(a) Registration plates for members of the judiciary shall be issued in accordance with this part. (b) Registration plates for judges of the state courts of record shall bear individual distinctive numbers, as determined by the commissioner in consultation with the administrative director of the courts. (c) (1) An owner or lessee of a motor vehicle who is a resident of this state and who is a duly elected juvenile court judge, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111 , and payment of the additional fee provided for in § 55-4-204 , shall be issued a license plate, as prescribed by § 55-4-101 , for motor vehicles authorized by § 55-4-210(c) , upon which, in lieu of the numbers as prescribed by § 55-4-103 , shall be inscribed an individual distinctive number. (2) Former juvenile court judges may also obtain a license plate as provided for in subdivision (c)(1). (d) An owner or lessee of a motor vehicle who is a resident of this state and who is a duly elected general sessions court judge or former general sessions court judge, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111 , and payment of the additional fee provided for in § 55-4-204 , shall be issued a license plate, as prescribed by § 55-4-101 , for motor vehicles authorized by § 55-4-210(c) , upon which, in lieu of the numbers as prescribed by § 55-4-103 , shall be inscribed with an individual distinctive number. (e) An owner or lessee of a motor vehicle who is a resident of this state and who is a retired or former member of the Tennessee judicial conference, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111 , and payment of the additional fee provided for in § 55-4-204 , shall be issued a license plate, as prescribed by § 55-4-101 for motor vehicles authorized by § 55-4-210(c) , upon which, in lieu of the numbers as prescribed by § 55-4-103 , shall be inscribed an individual distinctive number. (f) An owner or lessee of a motor vehicle who is a resident of this state and who is a municipal court judge or former municipal court judge, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111 , payment of the additional fee provided for in § 55-4-204 , shall be issued a license plate, as prescribed by § 55-4-101 , for motor vehicles authorized by § 55-4-210(c) , upon which, instead of the numbers as prescribed by § 55-4-103 , shall be inscribed an individual distinctive number. (g) The amendments to this section by chapter 336 of the Public Acts of 1987, which applied provisions of this section to certain former judges, shall not apply to any judge who has been convicted of a felony or who has been removed from office. (h) Notwithstanding any law to the contrary, the commissioner is authorized, and shall issue, license plates to owners or lessees of motorcycles otherwise qualified pursuant to this section upon complying with state motor vehicle laws relating to registration and licensing of motorcycles and paying the regular fee applicable to motorcycles and the fee provided for in § 55-4-204 . (i) An owner or lessee of a motor vehicle who is a resident of this state and whose duty is to serve a judiciary function as a magistrate, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111 , and payment of the additional fee provided for in § 55-4-204 , shall be issued a license plate, as prescribed by § 55-4-101 , for motor vehicles authorized by § 55-4-210(c) , upon which, instead of the numbers as prescribed by § 55-4-103 , shall be inscribed an individual distinctive number. Amended by 2018 Tenn. Acts, ch. 1023,s 49, eff. 7/1/2018. Acts 1998, ch. 1063, § 1; 2003, ch. 380, § 1; 2009, ch. 589, § 4; 2010, ch. 1151, § 43.
(a) Registration plates for members of the judiciary shall be issued in accordance with this part.
(b) Registration plates for judges of the state courts of record shall bear individual distinctive numbers, as determined by the commissioner in consultation with the administrative director of the courts.
(c) (1) An owner or lessee of a motor vehicle who is a resident of this state and who is a duly elected juvenile court judge, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111 , and payment of the additional fee provided for in § 55-4-204 , shall be issued a license plate, as prescribed by § 55-4-101 , for motor vehicles authorized by § 55-4-210(c) , upon which, in lieu of the numbers as prescribed by § 55-4-103 , shall be inscribed an individual distinctive number. (2) Former juvenile court judges may also obtain a license plate as provided for in subdivision (c)(1).
(1) An owner or lessee of a motor vehicle who is a resident of this state and who is a duly elected juvenile court judge, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111 , and payment of the additional fee provided for in § 55-4-204 , shall be issued a license plate, as prescribed by § 55-4-101 , for motor vehicles authorized by § 55-4-210(c) , upon which, in lieu of the numbers as prescribed by § 55-4-103 , shall be inscribed an individual distinctive number.
(2) Former juvenile court judges may also obtain a license plate as provided for in subdivision (c)(1).
(d) An owner or lessee of a motor vehicle who is a resident of this state and who is a duly elected general sessions court judge or former general sessions court judge, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111 , and payment of the additional fee provided for in § 55-4-204 , shall be issued a license plate, as prescribed by § 55-4-101 , for motor vehicles authorized by § 55-4-210(c) , upon which, in lieu of the numbers as prescribed by § 55-4-103 , shall be inscribed with an individual distinctive number.
(e) An owner or lessee of a motor vehicle who is a resident of this state and who is a retired or former member of the Tennessee judicial conference, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111 , and payment of the additional fee provided for in § 55-4-204 , shall be issued a license plate, as prescribed by § 55-4-101 for motor vehicles authorized by § 55-4-210(c) , upon which, in lieu of the numbers as prescribed by § 55-4-103 , shall be inscribed an individual distinctive number.
(f) An owner or lessee of a motor vehicle who is a resident of this state and who is a municipal court judge or former municipal court judge, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111 , payment of the additional fee provided for in § 55-4-204 , shall be issued a license plate, as prescribed by § 55-4-101 , for motor vehicles authorized by § 55-4-210(c) , upon which, instead of the numbers as prescribed by § 55-4-103 , shall be inscribed an individual distinctive number.
(g) The amendments to this section by chapter 336 of the Public Acts of 1987, which applied provisions of this section to certain former judges, shall not apply to any judge who has been convicted of a felony or who has been removed from office.
(h) Notwithstanding any law to the contrary, the commissioner is authorized, and shall issue, license plates to owners or lessees of motorcycles otherwise qualified pursuant to this section upon complying with state motor vehicle laws relating to registration and licensing of motorcycles and paying the regular fee applicable to motorcycles and the fee provided for in § 55-4-204 .
(i) An owner or lessee of a motor vehicle who is a resident of this state and whose duty is to serve a judiciary function as a magistrate, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles, payment of the regular license fee for plates, as prescribed under § 55-4-111 , and payment of the additional fee provided for in § 55-4-204 , shall be issued a license plate, as prescribed by § 55-4-101 , for motor vehicles authorized by § 55-4-210(c) , upon which, instead of the numbers as prescribed by § 55-4-103 , shall be inscribed an individual distinctive number.
Amended by 2018 Tenn. Acts, ch. 1023,s 49, eff. 7/1/2018.
Acts 1998, ch. 1063, § 1; 2003, ch. 380, § 1; 2009, ch. 589, § 4; 2010, ch. 1151, § 43.
Tenn. Code Ann. § 55-3-209 — TN Code / Title 55 / Chapter 3 / Section 55-3-209
Disclosure of motor vehicle's previous titling as "salvage" - Written notice to buyer
Status: in_force

(a) For any passenger motor vehicle, the ownership of which is transferred on or after October 1, 1996, the department shall disclose in writing on the certificate of title whenever records readily accessible to the state indicate that the passenger motor vehicle was previously issued a title that bore any word or symbol signifying that the vehicle was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or any other symbol or word of like kind, or that it has been damaged by flood. (b) (1) The department shall indicate on the face of the title or certificate for a passenger motor vehicle, as applicable, if the passenger motor vehicle is a salvage vehicle, a nonrepairable vehicle, a rebuilt vehicle, or a flood vehicle. (2) Information concerning a passenger motor vehicle's status as a salvage, nonrepairable, rebuilt, or flood vehicle shall also be conveyed on any subsequent title, including a duplicate or replacement title, for the passenger motor vehicle issued by the original titling state or any other state. (3) The title documents, the rebuilt anti-theft inspection certificate, the decal stating "Rebuilt Vehicle - Anti-theft Inspections Passed," and the issuing system shall meet security standards minimizing the opportunities for fraud. (4) The certificate of title shall include the passenger motor vehicle make, model, body type, year, odometer disclosure, and vehicle identification number. (5) A passenger motor vehicle designated as nonrepairable shall be issued a nonrepairable vehicle certificate and shall not be retitled. (6) (A) A passenger motor vehicle owner submitting a vehicle for an anti-theft inspection shall be required to provide a completed document identifying the vehicle's damage prior to being repaired, a list of replacement parts used to repair the vehicle, and proof of ownership of the replacement parts, as may be evidenced by bills of sale, invoices or, if these documents are not available, other proof of ownership for the replacement parts. The owner shall submit in writing under penalty of perjury that the information in the declaration is complete and accurate, and, to the best of the owner's knowledge, no stolen parts were used during the construction or reconstruction of the motor vehicle. (B) Any passenger motor vehicle or any major part or major replacement part required to be marked under 49 U.S.C. § 33102 of the Motor Vehicle Information and Cost Savings Act having a mark or vehicle identification number that has been illegally altered, defaced, or falsified, and that cannot be identified as having been legally obtained through bills of sale, invoices, or other ownership documentation, shall be contraband and subject to seizure. (7) No duplicate or replacement title shall be issued unless the word "duplicate" is clearly marked on its face. (8) (A) If an insurance company is not involved in a damage settlement involving a salvage vehicle or a nonrepairable vehicle, the passenger motor vehicle owner must apply for a salvage title or nonrepairable vehicle certificate, whichever is applicable, before the passenger motor vehicle is repaired or the ownership of the passenger motor vehicle is transferred, but in any event within thirty (30) days after the passenger motor vehicle is damaged. (B) (i) If an insurance company, pursuant to a damage settlement, acquires ownership of a passenger motor vehicle that has incurred damage requiring the vehicle to be titled as a salvage vehicle, nonrepairable vehicle, or flood vehicle, the insurance company either must notify the department electronically or on documents prescribed by the department for purposes of evidencing the insurance company in the ownership chain of title or, alternatively, must apply for a salvage title or nonrepairable vehicle certificate within fifteen (15) days after the title is properly assigned by the owner to the insurance company, and delivered to the insurance company with all liens released. (ii) Notwithstanding this or any other law to the contrary, if an insurance company acquires ownership of a passenger motor vehicle under the circumstances described in this subdivision (b)(8) and then sells the vehicle, then these transactions shall be exempt from sales and use tax liability to the same extent the transactions were exempt from such liability prior to October 1, 1996. If the vehicle does not meet or exceed the definition of a "salvage vehicle," "nonrepairable vehicle" or "flood vehicle," the insurance company is authorized to endorse change in ownership on the certificate of title as follows: (a) With regard to a motor vehicle that is sold "as is" without repairs, change in ownership may be endorsed on the certificate of title without: (1) Obtaining a new certificate of title; or (2) Registering with the department for sales and use tax purposes; and (b) With regard to a motor vehicle which is sold after repair, the insurance company must first obtain a certificate of title in its name, unless the transfer is to a licensed dealer or to the insured, in which cases the procedure set forth in subdivision (1) shall apply. (C) If an insurance company does not assume ownership of its insured's passenger motor vehicle that has incurred damage requiring the vehicle to be titled as a salvage vehicle or nonrepairable vehicle, the insurance company shall: (i) Notify the insured of the insured's obligation to apply for a salvage title or nonrepairable vehicle certificate for the passenger motor vehicle and notify the department that a salvage title or nonrepairable vehicle certificate should be issued for the vehicle; or (ii) Withhold payment of the claim until the insured applies for a salvage title or nonrepairable vehicle certificate. (D) If a leased passenger motor vehicle incurs damage requiring the vehicle to be titled as a salvage vehicle or nonrepairable vehicle, the lessor must apply for a salvage title or nonrepairable vehicle certificate within twenty-one (21) days after being notified by the lessee that the vehicle has been so damaged. The lessee of the vehicle shall inform the lessor that the leased vehicle has been so damaged within thirty (30) days after the occurrence of the damage. (E) Any person acquiring ownership of a damaged passenger motor vehicle that meets the definition of a salvage or nonrepairable vehicle for which a salvage title or nonrepairable vehicle certificate has not been issued must apply for a salvage title or nonrepairable vehicle certificate, whichever is applicable. This application must be made before the vehicle is further transferred, but in any event, within thirty (30) days after ownership is acquired. This subdivision (b)(8)(E) shall not apply to a scrap metal processor that acquires a nonrepairable vehicle for the sole purpose of processing it into prepared grades of metallic scrap. (F) No nonrepairable vehicle certificate shall be issued after two (2) transfers of ownership. (G) (i) When a passenger motor vehicle has been flattened, baled, or shredded, whichever comes first, the title or nonrepairable vehicle certificate for the vehicle shall be surrendered to the state within thirty (30) days. (ii) If the second transferee on a nonrepairable vehicle certificate is unequipped to flatten, bale or shred the vehicle, this second transferee must, at the time of final disposal of the vehicle, use the services of a professional automotive recycler properly licensed by the state or a scrap metal processor who is hereby authorized to flatten, bale or shred the vehicle and to effect the surrender of the nonrepairable vehicle certificate to the state on behalf of the second transferee. (iii) Records shall be updated to indicate the destruction of this vehicle and no further ownership transactions for the vehicle will be permitted. (iv) If Tennessee is not the state of origin of the title or nonrepairable vehicle certificate, then the department shall notify the state of origin of the surrender of the title or nonrepairable vehicle certificate and of the destruction of this vehicle. (H) When a salvage title is issued, the department's records shall so note. There shall be no retitling for registration purposes or issuance of a rebuilt title for a passenger motor vehicle with a salvage title without a certificate of inspection, indicating that the vehicle has passed the required state anti-theft inspections. This item does not preclude the issuance of a new salvage title for a salvage vehicle after a transfer of ownership. (I) After a passenger motor vehicle titled with a salvaged title has passed the required anti-theft inspections, the inspection official will affix a secure decal stating "Rebuilt Vehicle - Anti-theft Inspections Passed" to the driver's door jamb of the vehicle and issue to the owner of the vehicle a certificate indicating that the passenger motor vehicle has passed the required anti-theft inspections. The decal must comply with the permanency requirements established by the department. (J) The owner of a passenger motor vehicle titled with a salvage title may obtain a rebuilt title and vehicle registration by presenting to the department the salvage title, properly assigned, if applicable, together with the certificate that the vehicle has passed the anti-theft inspections. With this proper documentation and upon request, a rebuilt title and registration shall be issued to the owner. When a rebuilt title is issued, the department's records shall so note. (9) A seller of a passenger motor vehicle that becomes a flood vehicle shall, at or prior to the time of transfer of ownership, give the buyer a written notice that the vehicle is a flood vehicle. At the time of the next title application for the vehicle, disclosure of the flood status shall be provided to the state with the properly assigned title and the word "Flood" shall be conspicuously labeled across the front of the new title. (10) In the case of a leased passenger motor vehicle, the lessee, within fifteen (15) days of the occurrence of the event that caused the vehicle to become a flood vehicle, shall give the lessor written disclosure that the vehicle is a flood vehicle. (c) The department is directed to develop electronic procedures in lieu of paper documents whenever these electronic procedures provide the same information, function, and security otherwise required by this section. (d) (1) If an insurance company or a salvage pool operator or an automotive dismantler and recycler authorized by the insurance company is unable to obtain the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department within thirty (30) calendar days following the acceptance by the owner of an offer of an amount in settlement of a total loss, the insurance company or salvage pool operator or an automotive dismantler and recycler, on a form provided by the department and signed under penalty of perjury, may request the department to issue a salvage certificate for the vehicle. The request must include written confirmation by the requester that the insurance company has paid the claim and that the requester has made at least two (2) written attempts via commercial delivery service with evidence of delivery to the last known address of the owner to obtain the certificate of ownership or other acceptable evidence of title and must include the fee as set by the department. (2) The department, upon receipt of the certificate of ownership, other evidence of title, or properly executed request described in subdivision (d)(1) and the fee, shall issue a lien-free salvage certificate for the vehicle. (e) (1) If an insurance company requests a salvage pool operator, the primary business of which is the sale of salvage vehicles on behalf of insurers, to take possession of a salvage vehicle that is the subject of an insurance claim and subsequently the insurance company does not take ownership of the vehicle, then the insurance company may direct the salvage pool operator to release the vehicle to the owner or lienholder. If an insurance company directs a salvage pool operator to release a vehicle to the vehicle's owner or lienholder, then the insurance company shall provide notice to the salvage pool operator authorizing such release. This notice may be sent via commercial delivery service, electronic mail, or a proprietary electronic system accessed by both the insurance company and the salvage pool operator. (2) Upon receiving notice from an insurance company, the salvage pool operator shall send two (2) notices a minimum of fourteen (14) days apart to the owner and any lienholder of the vehicle informing the owner or lienholder that the vehicle is available for pick up within thirty (30) days of the date on which the first notice was sent. Each notice must include an invoice for any outstanding charges owed to the salvage pool operator, and must inform the owner and any lienholder that the owner or lienholder has thirty (30) days from the date of the first notice to pay any applicable charges and pick up the vehicle from the salvage pool operator. Notice under this subdivision (e)(2) must be sent by certified mail or by another commercially available delivery service providing proof of delivery to the address of the owner, and any lienholder, on record with the department. (3) If the owner or lienholder of the vehicle does not pick up the vehicle within thirty (30) days of the date on which the first notice was sent to the owner or a lienholder in accordance with subdivision (e)(2), then the vehicle must be considered abandoned, the vehicle's certificate of title is deemed to be assigned to the salvage pool operator, and the salvage pool operator, without surrendering the certificate of title, may request on a form provided by the department that the department issue a lien-free salvage certificate of title for the vehicle. The request must be accompanied by a copy of the notice sent by the insurance company as required by subdivision (e)(1), and evidence of delivery of the notices sent to the owner and any lienholder as required in subdivision (e)(2), or evidence that the notices sent to the owner and any lienholder were returned as undeliverable. Notwithstanding any outstanding liens against the vehicle, upon the department's receipt of any fee charged for a lien-free salvage certificate of title and a request for such title meeting the requirements of this subdivision (e)(3), the department shall issue a lien-free salvage certificate of title for the vehicle to the salvage pool operator in possession of the vehicle. (f) A violation of this section is a Class A misdemeanor. Amended by 2024 Tenn. Acts, ch. 528,s 1, eff. 7/1/2024. Amended by 2020 Tenn. Acts, ch. 675, s 1, eff. 10/1/2020. Acts 1996, ch. 552, §§ 4, 6; 1996, ch. 839, § 3; 2006, ch. 517, §§ 4, 5; 2007 , ch. 484, § 33.
(a) For any passenger motor vehicle, the ownership of which is transferred on or after October 1, 1996, the department shall disclose in writing on the certificate of title whenever records readily accessible to the state indicate that the passenger motor vehicle was previously issued a title that bore any word or symbol signifying that the vehicle was "salvage," "unrebuildable," "parts only," "scrap," "junk," "nonrepairable," "reconstructed," "rebuilt," or any other symbol or word of like kind, or that it has been damaged by flood.
(b) (1) The department shall indicate on the face of the title or certificate for a passenger motor vehicle, as applicable, if the passenger motor vehicle is a salvage vehicle, a nonrepairable vehicle, a rebuilt vehicle, or a flood vehicle. (2) Information concerning a passenger motor vehicle's status as a salvage, nonrepairable, rebuilt, or flood vehicle shall also be conveyed on any subsequent title, including a duplicate or replacement title, for the passenger motor vehicle issued by the original titling state or any other state. (3) The title documents, the rebuilt anti-theft inspection certificate, the decal stating "Rebuilt Vehicle - Anti-theft Inspections Passed," and the issuing system shall meet security standards minimizing the opportunities for fraud. (4) The certificate of title shall include the passenger motor vehicle make, model, body type, year, odometer disclosure, and vehicle identification number. (5) A passenger motor vehicle designated as nonrepairable shall be issued a nonrepairable vehicle certificate and shall not be retitled. (6) (A) A passenger motor vehicle owner submitting a vehicle for an anti-theft inspection shall be required to provide a completed document identifying the vehicle's damage prior to being repaired, a list of replacement parts used to repair the vehicle, and proof of ownership of the replacement parts, as may be evidenced by bills of sale, invoices or, if these documents are not available, other proof of ownership for the replacement parts. The owner shall submit in writing under penalty of perjury that the information in the declaration is complete and accurate, and, to the best of the owner's knowledge, no stolen parts were used during the construction or reconstruction of the motor vehicle. (B) Any passenger motor vehicle or any major part or major replacement part required to be marked under 49 U.S.C. § 33102 of the Motor Vehicle Information and Cost Savings Act having a mark or vehicle identification number that has been illegally altered, defaced, or falsified, and that cannot be identified as having been legally obtained through bills of sale, invoices, or other ownership documentation, shall be contraband and subject to seizure. (7) No duplicate or replacement title shall be issued unless the word "duplicate" is clearly marked on its face. (8) (A) If an insurance company is not involved in a damage settlement involving a salvage vehicle or a nonrepairable vehicle, the passenger motor vehicle owner must apply for a salvage title or nonrepairable vehicle certificate, whichever is applicable, before the passenger motor vehicle is repaired or the ownership of the passenger motor vehicle is transferred, but in any event within thirty (30) days after the passenger motor vehicle is damaged. (B) (i) If an insurance company, pursuant to a damage settlement, acquires ownership of a passenger motor vehicle that has incurred damage requiring the vehicle to be titled as a salvage vehicle, nonrepairable vehicle, or flood vehicle, the insurance company either must notify the department electronically or on documents prescribed by the department for purposes of evidencing the insurance company in the ownership chain of title or, alternatively, must apply for a salvage title or nonrepairable vehicle certificate within fifteen (15) days after the title is properly assigned by the owner to the insurance company, and delivered to the insurance company with all liens released. (ii) Notwithstanding this or any other law to the contrary, if an insurance company acquires ownership of a passenger motor vehicle under the circumstances described in this subdivision (b)(8) and then sells the vehicle, then these transactions shall be exempt from sales and use tax liability to the same extent the transactions were exempt from such liability prior to October 1, 1996. If the vehicle does not meet or exceed the definition of a "salvage vehicle," "nonrepairable vehicle" or "flood vehicle," the insurance company is authorized to endorse change in ownership on the certificate of title as follows: (a) With regard to a motor vehicle that is sold "as is" without repairs, change in ownership may be endorsed on the certificate of title without: (1) Obtaining a new certificate of title; or (2) Registering with the department for sales and use tax purposes; and (b) With regard to a motor vehicle which is sold after repair, the insurance company must first obtain a certificate of title in its name, unless the transfer is to a licensed dealer or to the insured, in which cases the procedure set forth in subdivision (1) shall apply. (C) If an insurance company does not assume ownership of its insured's passenger motor vehicle that has incurred damage requiring the vehicle to be titled as a salvage vehicle or nonrepairable vehicle, the insurance company shall: (i) Notify the insured of the insured's obligation to apply for a salvage title or nonrepairable vehicle certificate for the passenger motor vehicle and notify the department that a salvage title or nonrepairable vehicle certificate should be issued for the vehicle; or (ii) Withhold payment of the claim until the insured applies for a salvage title or nonrepairable vehicle certificate. (D) If a leased passenger motor vehicle incurs damage requiring the vehicle to be titled as a salvage vehicle or nonrepairable vehicle, the lessor must apply for a salvage title or nonrepairable vehicle certificate within twenty-one (21) days after being notified by the lessee that the vehicle has been so damaged. The lessee of the vehicle shall inform the lessor that the leased vehicle has been so damaged within thirty (30) days after the occurrence of the damage. (E) Any person acquiring ownership of a damaged passenger motor vehicle that meets the definition of a salvage or nonrepairable vehicle for which a salvage title or nonrepairable vehicle certificate has not been issued must apply for a salvage title or nonrepairable vehicle certificate, whichever is applicable. This application must be made before the vehicle is further transferred, but in any event, within thirty (30) days after ownership is acquired. This subdivision (b)(8)(E) shall not apply to a scrap metal processor that acquires a nonrepairable vehicle for the sole purpose of processing it into prepared grades of metallic scrap. (F) No nonrepairable vehicle certificate shall be issued after two (2) transfers of ownership. (G) (i) When a passenger motor vehicle has been flattened, baled, or shredded, whichever comes first, the title or nonrepairable vehicle certificate for the vehicle shall be surrendered to the state within thirty (30) days. (ii) If the second transferee on a nonrepairable vehicle certificate is unequipped to flatten, bale or shred the vehicle, this second transferee must, at the time of final disposal of the vehicle, use the services of a professional automotive recycler properly licensed by the state or a scrap metal processor who is hereby authorized to flatten, bale or shred the vehicle and to effect the surrender of the nonrepairable vehicle certificate to the state on behalf of the second transferee. (iii) Records shall be updated to indicate the destruction of this vehicle and no further ownership transactions for the vehicle will be permitted. (iv) If Tennessee is not the state of origin of the title or nonrepairable vehicle certificate, then the department shall notify the state of origin of the surrender of the title or nonrepairable vehicle certificate and of the destruction of this vehicle. (H) When a salvage title is issued, the department's records shall so note. There shall be no retitling for registration purposes or issuance of a rebuilt title for a passenger motor vehicle with a salvage title without a certificate of inspection, indicating that the vehicle has passed the required state anti-theft inspections. This item does not preclude the issuance of a new salvage title for a salvage vehicle after a transfer of ownership. (I) After a passenger motor vehicle titled with a salvaged title has passed the required anti-theft inspections, the inspection official will affix a secure decal stating "Rebuilt Vehicle - Anti-theft Inspections Passed" to the driver's door jamb of the vehicle and issue to the owner of the vehicle a certificate indicating that the passenger motor vehicle has passed the required anti-theft inspections. The decal must comply with the permanency requirements established by the department. (J) The owner of a passenger motor vehicle titled with a salvage title may obtain a rebuilt title and vehicle registration by presenting to the department the salvage title, properly assigned, if applicable, together with the certificate that the vehicle has passed the anti-theft inspections. With this proper documentation and upon request, a rebuilt title and registration shall be issued to the owner. When a rebuilt title is issued, the department's records shall so note. (9) A seller of a passenger motor vehicle that becomes a flood vehicle shall, at or prior to the time of transfer of ownership, give the buyer a written notice that the vehicle is a flood vehicle. At the time of the next title application for the vehicle, disclosure of the flood status shall be provided to the state with the properly assigned title and the word "Flood" shall be conspicuously labeled across the front of the new title. (10) In the case of a leased passenger motor vehicle, the lessee, within fifteen (15) days of the occurrence of the event that caused the vehicle to become a flood vehicle, shall give the lessor written disclosure that the vehicle is a flood vehicle.
(1) The department shall indicate on the face of the title or certificate for a passenger motor vehicle, as applicable, if the passenger motor vehicle is a salvage vehicle, a nonrepairable vehicle, a rebuilt vehicle, or a flood vehicle.
(2) Information concerning a passenger motor vehicle's status as a salvage, nonrepairable, rebuilt, or flood vehicle shall also be conveyed on any subsequent title, including a duplicate or replacement title, for the passenger motor vehicle issued by the original titling state or any other state.
(3) The title documents, the rebuilt anti-theft inspection certificate, the decal stating "Rebuilt Vehicle - Anti-theft Inspections Passed," and the issuing system shall meet security standards minimizing the opportunities for fraud.
(4) The certificate of title shall include the passenger motor vehicle make, model, body type, year, odometer disclosure, and vehicle identification number.
(5) A passenger motor vehicle designated as nonrepairable shall be issued a nonrepairable vehicle certificate and shall not be retitled.
(6) (A) A passenger motor vehicle owner submitting a vehicle for an anti-theft inspection shall be required to provide a completed document identifying the vehicle's damage prior to being repaired, a list of replacement parts used to repair the vehicle, and proof of ownership of the replacement parts, as may be evidenced by bills of sale, invoices or, if these documents are not available, other proof of ownership for the replacement parts. The owner shall submit in writing under penalty of perjury that the information in the declaration is complete and accurate, and, to the best of the owner's knowledge, no stolen parts were used during the construction or reconstruction of the motor vehicle. (B) Any passenger motor vehicle or any major part or major replacement part required to be marked under 49 U.S.C. § 33102 of the Motor Vehicle Information and Cost Savings Act having a mark or vehicle identification number that has been illegally altered, defaced, or falsified, and that cannot be identified as having been legally obtained through bills of sale, invoices, or other ownership documentation, shall be contraband and subject to seizure.
(A) A passenger motor vehicle owner submitting a vehicle for an anti-theft inspection shall be required to provide a completed document identifying the vehicle's damage prior to being repaired, a list of replacement parts used to repair the vehicle, and proof of ownership of the replacement parts, as may be evidenced by bills of sale, invoices or, if these documents are not available, other proof of ownership for the replacement parts. The owner shall submit in writing under penalty of perjury that the information in the declaration is complete and accurate, and, to the best of the owner's knowledge, no stolen parts were used during the construction or reconstruction of the motor vehicle.
(B) Any passenger motor vehicle or any major part or major replacement part required to be marked under 49 U.S.C. § 33102 of the Motor Vehicle Information and Cost Savings Act having a mark or vehicle identification number that has been illegally altered, defaced, or falsified, and that cannot be identified as having been legally obtained through bills of sale, invoices, or other ownership documentation, shall be contraband and subject to seizure.
(7) No duplicate or replacement title shall be issued unless the word "duplicate" is clearly marked on its face.
(8) (A) If an insurance company is not involved in a damage settlement involving a salvage vehicle or a nonrepairable vehicle, the passenger motor vehicle owner must apply for a salvage title or nonrepairable vehicle certificate, whichever is applicable, before the passenger motor vehicle is repaired or the ownership of the passenger motor vehicle is transferred, but in any event within thirty (30) days after the passenger motor vehicle is damaged. (B) (i) If an insurance company, pursuant to a damage settlement, acquires ownership of a passenger motor vehicle that has incurred damage requiring the vehicle to be titled as a salvage vehicle, nonrepairable vehicle, or flood vehicle, the insurance company either must notify the department electronically or on documents prescribed by the department for purposes of evidencing the insurance company in the ownership chain of title or, alternatively, must apply for a salvage title or nonrepairable vehicle certificate within fifteen (15) days after the title is properly assigned by the owner to the insurance company, and delivered to the insurance company with all liens released. (ii) Notwithstanding this or any other law to the contrary, if an insurance company acquires ownership of a passenger motor vehicle under the circumstances described in this subdivision (b)(8) and then sells the vehicle, then these transactions shall be exempt from sales and use tax liability to the same extent the transactions were exempt from such liability prior to October 1, 1996. If the vehicle does not meet or exceed the definition of a "salvage vehicle," "nonrepairable vehicle" or "flood vehicle," the insurance company is authorized to endorse change in ownership on the certificate of title as follows: (a) With regard to a motor vehicle that is sold "as is" without repairs, change in ownership may be endorsed on the certificate of title without: (1) Obtaining a new certificate of title; or (2) Registering with the department for sales and use tax purposes; and (b) With regard to a motor vehicle which is sold after repair, the insurance company must first obtain a certificate of title in its name, unless the transfer is to a licensed dealer or to the insured, in which cases the procedure set forth in subdivision (1) shall apply. (C) If an insurance company does not assume ownership of its insured's passenger motor vehicle that has incurred damage requiring the vehicle to be titled as a salvage vehicle or nonrepairable vehicle, the insurance company shall: (i) Notify the insured of the insured's obligation to apply for a salvage title or nonrepairable vehicle certificate for the passenger motor vehicle and notify the department that a salvage title or nonrepairable vehicle certificate should be issued for the vehicle; or (ii) Withhold payment of the claim until the insured applies for a salvage title or nonrepairable vehicle certificate. (D) If a leased passenger motor vehicle incurs damage requiring the vehicle to be titled as a salvage vehicle or nonrepairable vehicle, the lessor must apply for a salvage title or nonrepairable vehicle certificate within twenty-one (21) days after being notified by the lessee that the vehicle has been so damaged. The lessee of the vehicle shall inform the lessor that the leased vehicle has been so damaged within thirty (30) days after the occurrence of the damage. (E) Any person acquiring ownership of a damaged passenger motor vehicle that meets the definition of a salvage or nonrepairable vehicle for which a salvage title or nonrepairable vehicle certificate has not been issued must apply for a salvage title or nonrepairable vehicle certificate, whichever is applicable. This application must be made before the vehicle is further transferred, but in any event, within thirty (30) days after ownership is acquired. This subdivision (b)(8)(E) shall not apply to a scrap metal processor that acquires a nonrepairable vehicle for the sole purpose of processing it into prepared grades of metallic scrap. (F) No nonrepairable vehicle certificate shall be issued after two (2) transfers of ownership. (G) (i) When a passenger motor vehicle has been flattened, baled, or shredded, whichever comes first, the title or nonrepairable vehicle certificate for the vehicle shall be surrendered to the state within thirty (30) days. (ii) If the second transferee on a nonrepairable vehicle certificate is unequipped to flatten, bale or shred the vehicle, this second transferee must, at the time of final disposal of the vehicle, use the services of a professional automotive recycler properly licensed by the state or a scrap metal processor who is hereby authorized to flatten, bale or shred the vehicle and to effect the surrender of the nonrepairable vehicle certificate to the state on behalf of the second transferee. (iii) Records shall be updated to indicate the destruction of this vehicle and no further ownership transactions for the vehicle will be permitted. (iv) If Tennessee is not the state of origin of the title or nonrepairable vehicle certificate, then the department shall notify the state of origin of the surrender of the title or nonrepairable vehicle certificate and of the destruction of this vehicle. (H) When a salvage title is issued, the department's records shall so note. There shall be no retitling for registration purposes or issuance of a rebuilt title for a passenger motor vehicle with a salvage title without a certificate of inspection, indicating that the vehicle has passed the required state anti-theft inspections. This item does not preclude the issuance of a new salvage title for a salvage vehicle after a transfer of ownership. (I) After a passenger motor vehicle titled with a salvaged title has passed the required anti-theft inspections, the inspection official will affix a secure decal stating "Rebuilt Vehicle - Anti-theft Inspections Passed" to the driver's door jamb of the vehicle and issue to the owner of the vehicle a certificate indicating that the passenger motor vehicle has passed the required anti-theft inspections. The decal must comply with the permanency requirements established by the department. (J) The owner of a passenger motor vehicle titled with a salvage title may obtain a rebuilt title and vehicle registration by presenting to the department the salvage title, properly assigned, if applicable, together with the certificate that the vehicle has passed the anti-theft inspections. With this proper documentation and upon request, a rebuilt title and registration shall be issued to the owner. When a rebuilt title is issued, the department's records shall so note.
(A) If an insurance company is not involved in a damage settlement involving a salvage vehicle or a nonrepairable vehicle, the passenger motor vehicle owner must apply for a salvage title or nonrepairable vehicle certificate, whichever is applicable, before the passenger motor vehicle is repaired or the ownership of the passenger motor vehicle is transferred, but in any event within thirty (30) days after the passenger motor vehicle is damaged.
(B) (i) If an insurance company, pursuant to a damage settlement, acquires ownership of a passenger motor vehicle that has incurred damage requiring the vehicle to be titled as a salvage vehicle, nonrepairable vehicle, or flood vehicle, the insurance company either must notify the department electronically or on documents prescribed by the department for purposes of evidencing the insurance company in the ownership chain of title or, alternatively, must apply for a salvage title or nonrepairable vehicle certificate within fifteen (15) days after the title is properly assigned by the owner to the insurance company, and delivered to the insurance company with all liens released. (ii) Notwithstanding this or any other law to the contrary, if an insurance company acquires ownership of a passenger motor vehicle under the circumstances described in this subdivision (b)(8) and then sells the vehicle, then these transactions shall be exempt from sales and use tax liability to the same extent the transactions were exempt from such liability prior to October 1, 1996. If the vehicle does not meet or exceed the definition of a "salvage vehicle," "nonrepairable vehicle" or "flood vehicle," the insurance company is authorized to endorse change in ownership on the certificate of title as follows: (a) With regard to a motor vehicle that is sold "as is" without repairs, change in ownership may be endorsed on the certificate of title without: (1) Obtaining a new certificate of title; or (2) Registering with the department for sales and use tax purposes; and (b) With regard to a motor vehicle which is sold after repair, the insurance company must first obtain a certificate of title in its name, unless the transfer is to a licensed dealer or to the insured, in which cases the procedure set forth in subdivision (1) shall apply.
(i) If an insurance company, pursuant to a damage settlement, acquires ownership of a passenger motor vehicle that has incurred damage requiring the vehicle to be titled as a salvage vehicle, nonrepairable vehicle, or flood vehicle, the insurance company either must notify the department electronically or on documents prescribed by the department for purposes of evidencing the insurance company in the ownership chain of title or, alternatively, must apply for a salvage title or nonrepairable vehicle certificate within fifteen (15) days after the title is properly assigned by the owner to the insurance company, and delivered to the insurance company with all liens released.
(ii) Notwithstanding this or any other law to the contrary, if an insurance company acquires ownership of a passenger motor vehicle under the circumstances described in this subdivision (b)(8) and then sells the vehicle, then these transactions shall be exempt from sales and use tax liability to the same extent the transactions were exempt from such liability prior to October 1, 1996. If the vehicle does not meet or exceed the definition of a "salvage vehicle," "nonrepairable vehicle" or "flood vehicle," the insurance company is authorized to endorse change in ownership on the certificate of title as follows: (a) With regard to a motor vehicle that is sold "as is" without repairs, change in ownership may be endorsed on the certificate of title without: (1) Obtaining a new certificate of title; or (2) Registering with the department for sales and use tax purposes; and (b) With regard to a motor vehicle which is sold after repair, the insurance company must first obtain a certificate of title in its name, unless the transfer is to a licensed dealer or to the insured, in which cases the procedure set forth in subdivision (1) shall apply.
(a) With regard to a motor vehicle that is sold "as is" without repairs, change in ownership may be endorsed on the certificate of title without: (1) Obtaining a new certificate of title; or (2) Registering with the department for sales and use tax purposes; and
(1) Obtaining a new certificate of title; or
(2) Registering with the department for sales and use tax purposes; and
(b) With regard to a motor vehicle which is sold after repair, the insurance company must first obtain a certificate of title in its name, unless the transfer is to a licensed dealer or to the insured, in which cases the procedure set forth in subdivision (1) shall apply.
(C) If an insurance company does not assume ownership of its insured's passenger motor vehicle that has incurred damage requiring the vehicle to be titled as a salvage vehicle or nonrepairable vehicle, the insurance company shall: (i) Notify the insured of the insured's obligation to apply for a salvage title or nonrepairable vehicle certificate for the passenger motor vehicle and notify the department that a salvage title or nonrepairable vehicle certificate should be issued for the vehicle; or (ii) Withhold payment of the claim until the insured applies for a salvage title or nonrepairable vehicle certificate.
(i) Notify the insured of the insured's obligation to apply for a salvage title or nonrepairable vehicle certificate for the passenger motor vehicle and notify the department that a salvage title or nonrepairable vehicle certificate should be issued for the vehicle; or
(ii) Withhold payment of the claim until the insured applies for a salvage title or nonrepairable vehicle certificate.
(D) If a leased passenger motor vehicle incurs damage requiring the vehicle to be titled as a salvage vehicle or nonrepairable vehicle, the lessor must apply for a salvage title or nonrepairable vehicle certificate within twenty-one (21) days after being notified by the lessee that the vehicle has been so damaged. The lessee of the vehicle shall inform the lessor that the leased vehicle has been so damaged within thirty (30) days after the occurrence of the damage.
(E) Any person acquiring ownership of a damaged passenger motor vehicle that meets the definition of a salvage or nonrepairable vehicle for which a salvage title or nonrepairable vehicle certificate has not been issued must apply for a salvage title or nonrepairable vehicle certificate, whichever is applicable. This application must be made before the vehicle is further transferred, but in any event, within thirty (30) days after ownership is acquired. This subdivision (b)(8)(E) shall not apply to a scrap metal processor that acquires a nonrepairable vehicle for the sole purpose of processing it into prepared grades of metallic scrap.
(F) No nonrepairable vehicle certificate shall be issued after two (2) transfers of ownership.
(G) (i) When a passenger motor vehicle has been flattened, baled, or shredded, whichever comes first, the title or nonrepairable vehicle certificate for the vehicle shall be surrendered to the state within thirty (30) days. (ii) If the second transferee on a nonrepairable vehicle certificate is unequipped to flatten, bale or shred the vehicle, this second transferee must, at the time of final disposal of the vehicle, use the services of a professional automotive recycler properly licensed by the state or a scrap metal processor who is hereby authorized to flatten, bale or shred the vehicle and to effect the surrender of the nonrepairable vehicle certificate to the state on behalf of the second transferee. (iii) Records shall be updated to indicate the destruction of this vehicle and no further ownership transactions for the vehicle will be permitted. (iv) If Tennessee is not the state of origin of the title or nonrepairable vehicle certificate, then the department shall notify the state of origin of the surrender of the title or nonrepairable vehicle certificate and of the destruction of this vehicle.
(i) When a passenger motor vehicle has been flattened, baled, or shredded, whichever comes first, the title or nonrepairable vehicle certificate for the vehicle shall be surrendered to the state within thirty (30) days.
(ii) If the second transferee on a nonrepairable vehicle certificate is unequipped to flatten, bale or shred the vehicle, this second transferee must, at the time of final disposal of the vehicle, use the services of a professional automotive recycler properly licensed by the state or a scrap metal processor who is hereby authorized to flatten, bale or shred the vehicle and to effect the surrender of the nonrepairable vehicle certificate to the state on behalf of the second transferee.
(iii) Records shall be updated to indicate the destruction of this vehicle and no further ownership transactions for the vehicle will be permitted.
(iv) If Tennessee is not the state of origin of the title or nonrepairable vehicle certificate, then the department shall notify the state of origin of the surrender of the title or nonrepairable vehicle certificate and of the destruction of this vehicle.
(H) When a salvage title is issued, the department's records shall so note. There shall be no retitling for registration purposes or issuance of a rebuilt title for a passenger motor vehicle with a salvage title without a certificate of inspection, indicating that the vehicle has passed the required state anti-theft inspections. This item does not preclude the issuance of a new salvage title for a salvage vehicle after a transfer of ownership.
(I) After a passenger motor vehicle titled with a salvaged title has passed the required anti-theft inspections, the inspection official will affix a secure decal stating "Rebuilt Vehicle - Anti-theft Inspections Passed" to the driver's door jamb of the vehicle and issue to the owner of the vehicle a certificate indicating that the passenger motor vehicle has passed the required anti-theft inspections. The decal must comply with the permanency requirements established by the department.
(J) The owner of a passenger motor vehicle titled with a salvage title may obtain a rebuilt title and vehicle registration by presenting to the department the salvage title, properly assigned, if applicable, together with the certificate that the vehicle has passed the anti-theft inspections. With this proper documentation and upon request, a rebuilt title and registration shall be issued to the owner. When a rebuilt title is issued, the department's records shall so note.
(9) A seller of a passenger motor vehicle that becomes a flood vehicle shall, at or prior to the time of transfer of ownership, give the buyer a written notice that the vehicle is a flood vehicle. At the time of the next title application for the vehicle, disclosure of the flood status shall be provided to the state with the properly assigned title and the word "Flood" shall be conspicuously labeled across the front of the new title.
(10) In the case of a leased passenger motor vehicle, the lessee, within fifteen (15) days of the occurrence of the event that caused the vehicle to become a flood vehicle, shall give the lessor written disclosure that the vehicle is a flood vehicle.
(c) The department is directed to develop electronic procedures in lieu of paper documents whenever these electronic procedures provide the same information, function, and security otherwise required by this section.
(d) (1) If an insurance company or a salvage pool operator or an automotive dismantler and recycler authorized by the insurance company is unable to obtain the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department within thirty (30) calendar days following the acceptance by the owner of an offer of an amount in settlement of a total loss, the insurance company or salvage pool operator or an automotive dismantler and recycler, on a form provided by the department and signed under penalty of perjury, may request the department to issue a salvage certificate for the vehicle. The request must include written confirmation by the requester that the insurance company has paid the claim and that the requester has made at least two (2) written attempts via commercial delivery service with evidence of delivery to the last known address of the owner to obtain the certificate of ownership or other acceptable evidence of title and must include the fee as set by the department. (2) The department, upon receipt of the certificate of ownership, other evidence of title, or properly executed request described in subdivision (d)(1) and the fee, shall issue a lien-free salvage certificate for the vehicle.
(1) If an insurance company or a salvage pool operator or an automotive dismantler and recycler authorized by the insurance company is unable to obtain the properly endorsed certificate of ownership or other evidence of ownership acceptable to the department within thirty (30) calendar days following the acceptance by the owner of an offer of an amount in settlement of a total loss, the insurance company or salvage pool operator or an automotive dismantler and recycler, on a form provided by the department and signed under penalty of perjury, may request the department to issue a salvage certificate for the vehicle. The request must include written confirmation by the requester that the insurance company has paid the claim and that the requester has made at least two (2) written attempts via commercial delivery service with evidence of delivery to the last known address of the owner to obtain the certificate of ownership or other acceptable evidence of title and must include the fee as set by the department.
(2) The department, upon receipt of the certificate of ownership, other evidence of title, or properly executed request described in subdivision (d)(1) and the fee, shall issue a lien-free salvage certificate for the vehicle.
(e) (1) If an insurance company requests a salvage pool operator, the primary business of which is the sale of salvage vehicles on behalf of insurers, to take possession of a salvage vehicle that is the subject of an insurance claim and subsequently the insurance company does not take ownership of the vehicle, then the insurance company may direct the salvage pool operator to release the vehicle to the owner or lienholder. If an insurance company directs a salvage pool operator to release a vehicle to the vehicle's owner or lienholder, then the insurance company shall provide notice to the salvage pool operator authorizing such release. This notice may be sent via commercial delivery service, electronic mail, or a proprietary electronic system accessed by both the insurance company and the salvage pool operator. (2) Upon receiving notice from an insurance company, the salvage pool operator shall send two (2) notices a minimum of fourteen (14) days apart to the owner and any lienholder of the vehicle informing the owner or lienholder that the vehicle is available for pick up within thirty (30) days of the date on which the first notice was sent. Each notice must include an invoice for any outstanding charges owed to the salvage pool operator, and must inform the owner and any lienholder that the owner or lienholder has thirty (30) days from the date of the first notice to pay any applicable charges and pick up the vehicle from the salvage pool operator. Notice under this subdivision (e)(2) must be sent by certified mail or by another commercially available delivery service providing proof of delivery to the address of the owner, and any lienholder, on record with the department. (3) If the owner or lienholder of the vehicle does not pick up the vehicle within thirty (30) days of the date on which the first notice was sent to the owner or a lienholder in accordance with subdivision (e)(2), then the vehicle must be considered abandoned, the vehicle's certificate of title is deemed to be assigned to the salvage pool operator, and the salvage pool operator, without surrendering the certificate of title, may request on a form provided by the department that the department issue a lien-free salvage certificate of title for the vehicle. The request must be accompanied by a copy of the notice sent by the insurance company as required by subdivision (e)(1), and evidence of delivery of the notices sent to the owner and any lienholder as required in subdivision (e)(2), or evidence that the notices sent to the owner and any lienholder were returned as undeliverable. Notwithstanding any outstanding liens against the vehicle, upon the department's receipt of any fee charged for a lien-free salvage certificate of title and a request for such title meeting the requirements of this subdivision (e)(3), the department shall issue a lien-free salvage certificate of title for the vehicle to the salvage pool operator in possession of the vehicle.
(1) If an insurance company requests a salvage pool operator, the primary business of which is the sale of salvage vehicles on behalf of insurers, to take possession of a salvage vehicle that is the subject of an insurance claim and subsequently the insurance company does not take ownership of the vehicle, then the insurance company may direct the salvage pool operator to release the vehicle to the owner or lienholder. If an insurance company directs a salvage pool operator to release a vehicle to the vehicle's owner or lienholder, then the insurance company shall provide notice to the salvage pool operator authorizing such release. This notice may be sent via commercial delivery service, electronic mail, or a proprietary electronic system accessed by both the insurance company and the salvage pool operator.
(2) Upon receiving notice from an insurance company, the salvage pool operator shall send two (2) notices a minimum of fourteen (14) days apart to the owner and any lienholder of the vehicle informing the owner or lienholder that the vehicle is available for pick up within thirty (30) days of the date on which the first notice was sent. Each notice must include an invoice for any outstanding charges owed to the salvage pool operator, and must inform the owner and any lienholder that the owner or lienholder has thirty (30) days from the date of the first notice to pay any applicable charges and pick up the vehicle from the salvage pool operator. Notice under this subdivision (e)(2) must be sent by certified mail or by another commercially available delivery service providing proof of delivery to the address of the owner, and any lienholder, on record with the department.
(3) If the owner or lienholder of the vehicle does not pick up the vehicle within thirty (30) days of the date on which the first notice was sent to the owner or a lienholder in accordance with subdivision (e)(2), then the vehicle must be considered abandoned, the vehicle's certificate of title is deemed to be assigned to the salvage pool operator, and the salvage pool operator, without surrendering the certificate of title, may request on a form provided by the department that the department issue a lien-free salvage certificate of title for the vehicle. The request must be accompanied by a copy of the notice sent by the insurance company as required by subdivision (e)(1), and evidence of delivery of the notices sent to the owner and any lienholder as required in subdivision (e)(2), or evidence that the notices sent to the owner and any lienholder were returned as undeliverable. Notwithstanding any outstanding liens against the vehicle, upon the department's receipt of any fee charged for a lien-free salvage certificate of title and a request for such title meeting the requirements of this subdivision (e)(3), the department shall issue a lien-free salvage certificate of title for the vehicle to the salvage pool operator in possession of the vehicle.
(f) A violation of this section is a Class A misdemeanor.
Amended by 2024 Tenn. Acts, ch. 528,s 1, eff. 7/1/2024.
Amended by 2020 Tenn. Acts, ch. 675, s 1, eff. 10/1/2020.
Acts 1996, ch. 552, §§ 4, 6; 1996, ch. 839, § 3; 2006, ch. 517, §§ 4, 5; 2007 , ch. 484, § 33.
Tenn. Code Ann. § 55-12-127 — TN Code / Title 55 / Chapter 12 / Section 55-12-127
Surrender of license or registration upon revocation, suspension or cancellation - Enforcement officers - Violations - Penalties
Status: in_force

(a) Any person whose license or registration is revoked, suspended or cancelled under any provision of chapter 10 or 50 of this title, or under this part, shall immediately surrender that person's operator's license to the commissioner of safety and surrender that person's motor vehicle registration to the commissioner of revenue. If any person fails to return to the commissioner of safety that person's license, or to return to the commissioner of revenue that person's registration, as provided in this part, the commissioner of safety shall immediately direct any peace officer or enforcement officer of the department of safety to secure possession of the license or registration, and to return the license to the department of safety or the registration to the department of revenue. For the purpose of enforcing this portion of this part, any officer of the department or any local law enforcement officer of any city or county may, when in possession of or having knowledge of an order of surrender, take possession of any suspended, revoked or cancelled driver license and/or vehicle registration in the possession of the driver, when the driver has failed to return the license or vehicle registration to the commissioner of safety or the commissioner of revenue as provided herein. All of the confiscated licenses shall be immediately forwarded to the commissioner of safety and all of the confiscated registrations and plates shall be immediately forwarded to the commissioner of revenue together with the completed notification of service of the order. Upon receipt of the fee provided in subsection (b), the commissioner shall make a payment of twenty-five dollars ($25.00) to the local law enforcement agency seizing the licenses and/or vehicle registration plates, for the remittance of an executed order of suspension, cancellation or revocation and return of all seized licenses and plates. The fees received by the local law enforcement agency shall be deposited in the agency's operational fund account and used for the enforcement of the state's traffic laws, including, but not limited to, chapters 10 and 50 of this title. (b) It is a Class C misdemeanor for any person to willfully fail, within twenty (20) days after cancellation, suspension or revocation, to return a license or registration as required in subsection (a). Any person who is unable to furnish proof of financial responsibility as of the time of the cancellation, suspension or revocation and who does not surrender the cancelled, suspended or revoked license or registration within twenty (20) days from the date of the cancellation, suspension or revocation shall pay to the department of safety a fee of seventy-five dollars ($75.00) prior to reinstatement of the license or registration. If the department of safety, pursuant to this subsection (b), reinstates a person's license, and if that person's motor vehicle registration has been cancelled, suspended or revoked as required by subsection (a), then the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111 , § 55-4-112 or § 55-4-113 , the registration shall be reinstated immediately. This fee shall be in addition to any other fees or requirements necessary for reinstatement. Acts 1977, ch. 446, § 27; T.C.A., § 59-1277; Acts 1986, ch. 842, § 24; 1989, ch. 342, §§ 1, 2; 1989, ch. 591, § 113; 2007, ch. 484, § 89.
(a) Any person whose license or registration is revoked, suspended or cancelled under any provision of chapter 10 or 50 of this title, or under this part, shall immediately surrender that person's operator's license to the commissioner of safety and surrender that person's motor vehicle registration to the commissioner of revenue. If any person fails to return to the commissioner of safety that person's license, or to return to the commissioner of revenue that person's registration, as provided in this part, the commissioner of safety shall immediately direct any peace officer or enforcement officer of the department of safety to secure possession of the license or registration, and to return the license to the department of safety or the registration to the department of revenue. For the purpose of enforcing this portion of this part, any officer of the department or any local law enforcement officer of any city or county may, when in possession of or having knowledge of an order of surrender, take possession of any suspended, revoked or cancelled driver license and/or vehicle registration in the possession of the driver, when the driver has failed to return the license or vehicle registration to the commissioner of safety or the commissioner of revenue as provided herein. All of the confiscated licenses shall be immediately forwarded to the commissioner of safety and all of the confiscated registrations and plates shall be immediately forwarded to the commissioner of revenue together with the completed notification of service of the order. Upon receipt of the fee provided in subsection (b), the commissioner shall make a payment of twenty-five dollars ($25.00) to the local law enforcement agency seizing the licenses and/or vehicle registration plates, for the remittance of an executed order of suspension, cancellation or revocation and return of all seized licenses and plates. The fees received by the local law enforcement agency shall be deposited in the agency's operational fund account and used for the enforcement of the state's traffic laws, including, but not limited to, chapters 10 and 50 of this title.
(b) It is a Class C misdemeanor for any person to willfully fail, within twenty (20) days after cancellation, suspension or revocation, to return a license or registration as required in subsection (a). Any person who is unable to furnish proof of financial responsibility as of the time of the cancellation, suspension or revocation and who does not surrender the cancelled, suspended or revoked license or registration within twenty (20) days from the date of the cancellation, suspension or revocation shall pay to the department of safety a fee of seventy-five dollars ($75.00) prior to reinstatement of the license or registration. If the department of safety, pursuant to this subsection (b), reinstates a person's license, and if that person's motor vehicle registration has been cancelled, suspended or revoked as required by subsection (a), then the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111 , § 55-4-112 or § 55-4-113 , the registration shall be reinstated immediately. This fee shall be in addition to any other fees or requirements necessary for reinstatement.
Acts 1977, ch. 446, § 27; T.C.A., § 59-1277; Acts 1986, ch. 842, § 24; 1989, ch. 342, §§ 1, 2; 1989, ch. 591, § 113; 2007, ch. 484, § 89.