Tenn. Code Ann. § 55-4-321 — TN Code / Title 55 / Chapter 4 / Section 55-4-321
Law enforcement
Status: in_force

(a) (1) An owner or lessee of a motor vehicle who is a resident of this state and who is a current member of the Tennessee Sheriffs' Association, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Tennessee Sheriffs' Association new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) (A) The application for a Tennessee Sheriffs' Association new specialty earmarked plate must be accompanied by the current year's membership card from the Tennessee Sheriffs' Association, certifying the applicant to be a member of the organization. If renewed by mail, the renewal must be accompanied by a copy of the member's current year Tennessee Sheriffs' Association membership card. (B) Only paid sheriffs, deputy sheriffs, sheriff's office employees, and their spouses; retired sheriffs, deputy sheriffs, sheriff's office employees in good standing, and their spouses; and Tennessee Sheriffs' Association employees and their spouses who are members of the Tennessee Sheriffs' Association are permitted to receive the license plates. (3) The new specialty earmarked plates provided for in this subsection (a) must bear the inscription "TENNESSEE SHERIFFS' ASSOCIATION" or "TSA" and an appropriate standardized insignia of the organization. (4) (A) Within thirty (30) days of terminating membership or eligibility for membership in the Tennessee Sheriffs' Association, an applicant to whom a registration plate has been issued pursuant to this subsection (a) shall surrender the plate to the county clerk of the county of the applicant's residence. (B) The Tennessee Sheriffs' Association shall provide biannually to the department the names and addresses of persons who have terminated their membership in the Tennessee Sheriffs' Association, together with any other identifying information as the commissioner may require. (C) The Tennessee Sheriffs' Association shall provide quarterly to each sheriff's office a list of current plate holders for verification of employment, retiree in good standing, and spouses. (5) Subject to the requirements of § 55-4-202 , the commissioner is authorized and shall issue a license plate to an owner or lessee of a motorcycle who is otherwise eligible for a Tennessee Sheriffs' Association plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate. (6) Funds produced from the sale of Tennessee Sheriffs' Association new specialty earmarked license plates must be allocated to the Tennessee Sheriffs' Association Charitable Foundations in accordance with § 55-4-301 . (7) For the purposes of § 55-4-202(g)(1) , all license plates authorized or issued pursuant to subdivisions (a)(1) and (5) must be jointly included in any determinations for initial issuance and continuation of issuance. (b) (1) An owner or lessee of a motor vehicle who is a resident of this state and who is certified as a member or associate member of the Fraternal Order of Police, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Fraternal Order of Police new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) (A) The application for a Fraternal Order of Police new specialty earmarked plate must be accompanied by a copy of an active membership card or a statement from the Fraternal Order of Police certifying the applicant to be a member or associate member of the organization. (B) Only members and associate members of the Fraternal Order of Police or their spouses are permitted to receive the license plates. (3) (A) The new specialty earmarked plates provided for in this subsection (b) must bear the inscription "FRATERNAL ORDER OF POLICE" or "FOP" and an appropriate standardized insignia of the organization. (B) For applicants who are associate members of the Fraternal Order of Police, the strip along the bottom of the license plate must also bear the language "ASSOCIATE MEMBER." (4) (A) Within thirty (30) days of terminating membership or associate membership in the Fraternal Order of Police, an applicant to whom a registration plate has been issued pursuant to this subsection (b) shall surrender the plate to the county clerk of the county of the applicant's residence. (B) The Fraternal Order of Police shall provide biannually to the department the names and addresses of any persons who have terminated their membership or associate membership in the Fraternal Order of Police, together with any other identifying information as the commissioner may require. (5) The commissioner is authorized and shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Fraternal Order of Police plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate. (6) Funds produced from the sale of Fraternal Order of Police specialty earmarked license plates must be allocated to the Tennessee Fraternal Order of Police Charitable Foundation in accordance with § 55-4-301 . (7) Notwithstanding any law to the contrary, a person who was issued a Fraternal Order of Police specialty earmarked license plate prior to July 1, 2011, is entitled to retain the plate for vehicular use upon compliance with all motor vehicle laws relating to registration and licensing of motor vehicles and payment of all required fees. License plates described under this subdivision (b)(7) must continue to be considered Fraternal Order of Police specialty earmarked plates upon the applicant's designation. (8) For the purposes of § 55-4-202(g)(1) , all license plates authorized or issued pursuant to subdivisions (a)(1), (5), and (7) must be jointly included in any determinations for initial issuance and continuation of issuance. If Fraternal Order of Police new specialty earmarked plates are subsequently deemed obsolete pursuant to § 55-4-202(g)(1) , then that determination also applies to all Fraternal Order of Police license plates issued prior to July 1, 2011. (c) (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued an Honoring Law Enforcement new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with a representative of Middle and East Tennessee Chapter of Concerns of Police Survivors (COPS), Inc. (3) The funds produced from the sale of Honoring Law Enforcement new specialty earmarked license plates must be allocated to Middle and East Tennessee Chapter of Concerns of Police Survivors (COPS), Inc., in accordance with § 55-4-301 . The funds must be used exclusively to assist with the organization's mission to provide emotional and financial support as well as legal assistance to surviving families of law enforcement officers killed in the line of duty. (4) Notwithstanding § 55-4-202(k)(1) , the Honoring Law Enforcement new specialty earmarked license plate authorized pursuant to this subsection (c) has until July 1, 2024, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1) . (d) Back The Blue [Obsolete. See Compiler's Notes.] Added by 2023 Tenn. Acts, ch. 250, s 1, eff. 7/1/2023.
(a) (1) An owner or lessee of a motor vehicle who is a resident of this state and who is a current member of the Tennessee Sheriffs' Association, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Tennessee Sheriffs' Association new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) (A) The application for a Tennessee Sheriffs' Association new specialty earmarked plate must be accompanied by the current year's membership card from the Tennessee Sheriffs' Association, certifying the applicant to be a member of the organization. If renewed by mail, the renewal must be accompanied by a copy of the member's current year Tennessee Sheriffs' Association membership card. (B) Only paid sheriffs, deputy sheriffs, sheriff's office employees, and their spouses; retired sheriffs, deputy sheriffs, sheriff's office employees in good standing, and their spouses; and Tennessee Sheriffs' Association employees and their spouses who are members of the Tennessee Sheriffs' Association are permitted to receive the license plates. (3) The new specialty earmarked plates provided for in this subsection (a) must bear the inscription "TENNESSEE SHERIFFS' ASSOCIATION" or "TSA" and an appropriate standardized insignia of the organization. (4) (A) Within thirty (30) days of terminating membership or eligibility for membership in the Tennessee Sheriffs' Association, an applicant to whom a registration plate has been issued pursuant to this subsection (a) shall surrender the plate to the county clerk of the county of the applicant's residence. (B) The Tennessee Sheriffs' Association shall provide biannually to the department the names and addresses of persons who have terminated their membership in the Tennessee Sheriffs' Association, together with any other identifying information as the commissioner may require. (C) The Tennessee Sheriffs' Association shall provide quarterly to each sheriff's office a list of current plate holders for verification of employment, retiree in good standing, and spouses. (5) Subject to the requirements of § 55-4-202 , the commissioner is authorized and shall issue a license plate to an owner or lessee of a motorcycle who is otherwise eligible for a Tennessee Sheriffs' Association plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate. (6) Funds produced from the sale of Tennessee Sheriffs' Association new specialty earmarked license plates must be allocated to the Tennessee Sheriffs' Association Charitable Foundations in accordance with § 55-4-301 . (7) For the purposes of § 55-4-202(g)(1) , all license plates authorized or issued pursuant to subdivisions (a)(1) and (5) must be jointly included in any determinations for initial issuance and continuation of issuance.
(1) An owner or lessee of a motor vehicle who is a resident of this state and who is a current member of the Tennessee Sheriffs' Association, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Tennessee Sheriffs' Association new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) .
(2) (A) The application for a Tennessee Sheriffs' Association new specialty earmarked plate must be accompanied by the current year's membership card from the Tennessee Sheriffs' Association, certifying the applicant to be a member of the organization. If renewed by mail, the renewal must be accompanied by a copy of the member's current year Tennessee Sheriffs' Association membership card. (B) Only paid sheriffs, deputy sheriffs, sheriff's office employees, and their spouses; retired sheriffs, deputy sheriffs, sheriff's office employees in good standing, and their spouses; and Tennessee Sheriffs' Association employees and their spouses who are members of the Tennessee Sheriffs' Association are permitted to receive the license plates.
(A) The application for a Tennessee Sheriffs' Association new specialty earmarked plate must be accompanied by the current year's membership card from the Tennessee Sheriffs' Association, certifying the applicant to be a member of the organization. If renewed by mail, the renewal must be accompanied by a copy of the member's current year Tennessee Sheriffs' Association membership card.
(B) Only paid sheriffs, deputy sheriffs, sheriff's office employees, and their spouses; retired sheriffs, deputy sheriffs, sheriff's office employees in good standing, and their spouses; and Tennessee Sheriffs' Association employees and their spouses who are members of the Tennessee Sheriffs' Association are permitted to receive the license plates.
(3) The new specialty earmarked plates provided for in this subsection (a) must bear the inscription "TENNESSEE SHERIFFS' ASSOCIATION" or "TSA" and an appropriate standardized insignia of the organization.
(4) (A) Within thirty (30) days of terminating membership or eligibility for membership in the Tennessee Sheriffs' Association, an applicant to whom a registration plate has been issued pursuant to this subsection (a) shall surrender the plate to the county clerk of the county of the applicant's residence. (B) The Tennessee Sheriffs' Association shall provide biannually to the department the names and addresses of persons who have terminated their membership in the Tennessee Sheriffs' Association, together with any other identifying information as the commissioner may require. (C) The Tennessee Sheriffs' Association shall provide quarterly to each sheriff's office a list of current plate holders for verification of employment, retiree in good standing, and spouses.
(A) Within thirty (30) days of terminating membership or eligibility for membership in the Tennessee Sheriffs' Association, an applicant to whom a registration plate has been issued pursuant to this subsection (a) shall surrender the plate to the county clerk of the county of the applicant's residence.
(B) The Tennessee Sheriffs' Association shall provide biannually to the department the names and addresses of persons who have terminated their membership in the Tennessee Sheriffs' Association, together with any other identifying information as the commissioner may require.
(C) The Tennessee Sheriffs' Association shall provide quarterly to each sheriff's office a list of current plate holders for verification of employment, retiree in good standing, and spouses.
(5) Subject to the requirements of § 55-4-202 , the commissioner is authorized and shall issue a license plate to an owner or lessee of a motorcycle who is otherwise eligible for a Tennessee Sheriffs' Association plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.
(6) Funds produced from the sale of Tennessee Sheriffs' Association new specialty earmarked license plates must be allocated to the Tennessee Sheriffs' Association Charitable Foundations in accordance with § 55-4-301 .
(7) For the purposes of § 55-4-202(g)(1) , all license plates authorized or issued pursuant to subdivisions (a)(1) and (5) must be jointly included in any determinations for initial issuance and continuation of issuance.
(b) (1) An owner or lessee of a motor vehicle who is a resident of this state and who is certified as a member or associate member of the Fraternal Order of Police, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Fraternal Order of Police new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) (A) The application for a Fraternal Order of Police new specialty earmarked plate must be accompanied by a copy of an active membership card or a statement from the Fraternal Order of Police certifying the applicant to be a member or associate member of the organization. (B) Only members and associate members of the Fraternal Order of Police or their spouses are permitted to receive the license plates. (3) (A) The new specialty earmarked plates provided for in this subsection (b) must bear the inscription "FRATERNAL ORDER OF POLICE" or "FOP" and an appropriate standardized insignia of the organization. (B) For applicants who are associate members of the Fraternal Order of Police, the strip along the bottom of the license plate must also bear the language "ASSOCIATE MEMBER." (4) (A) Within thirty (30) days of terminating membership or associate membership in the Fraternal Order of Police, an applicant to whom a registration plate has been issued pursuant to this subsection (b) shall surrender the plate to the county clerk of the county of the applicant's residence. (B) The Fraternal Order of Police shall provide biannually to the department the names and addresses of any persons who have terminated their membership or associate membership in the Fraternal Order of Police, together with any other identifying information as the commissioner may require. (5) The commissioner is authorized and shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Fraternal Order of Police plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate. (6) Funds produced from the sale of Fraternal Order of Police specialty earmarked license plates must be allocated to the Tennessee Fraternal Order of Police Charitable Foundation in accordance with § 55-4-301 . (7) Notwithstanding any law to the contrary, a person who was issued a Fraternal Order of Police specialty earmarked license plate prior to July 1, 2011, is entitled to retain the plate for vehicular use upon compliance with all motor vehicle laws relating to registration and licensing of motor vehicles and payment of all required fees. License plates described under this subdivision (b)(7) must continue to be considered Fraternal Order of Police specialty earmarked plates upon the applicant's designation. (8) For the purposes of § 55-4-202(g)(1) , all license plates authorized or issued pursuant to subdivisions (a)(1), (5), and (7) must be jointly included in any determinations for initial issuance and continuation of issuance. If Fraternal Order of Police new specialty earmarked plates are subsequently deemed obsolete pursuant to § 55-4-202(g)(1) , then that determination also applies to all Fraternal Order of Police license plates issued prior to July 1, 2011.
(1) An owner or lessee of a motor vehicle who is a resident of this state and who is certified as a member or associate member of the Fraternal Order of Police, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued a Fraternal Order of Police new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) .
(2) (A) The application for a Fraternal Order of Police new specialty earmarked plate must be accompanied by a copy of an active membership card or a statement from the Fraternal Order of Police certifying the applicant to be a member or associate member of the organization. (B) Only members and associate members of the Fraternal Order of Police or their spouses are permitted to receive the license plates.
(A) The application for a Fraternal Order of Police new specialty earmarked plate must be accompanied by a copy of an active membership card or a statement from the Fraternal Order of Police certifying the applicant to be a member or associate member of the organization.
(B) Only members and associate members of the Fraternal Order of Police or their spouses are permitted to receive the license plates.
(3) (A) The new specialty earmarked plates provided for in this subsection (b) must bear the inscription "FRATERNAL ORDER OF POLICE" or "FOP" and an appropriate standardized insignia of the organization. (B) For applicants who are associate members of the Fraternal Order of Police, the strip along the bottom of the license plate must also bear the language "ASSOCIATE MEMBER."
(A) The new specialty earmarked plates provided for in this subsection (b) must bear the inscription "FRATERNAL ORDER OF POLICE" or "FOP" and an appropriate standardized insignia of the organization.
(B) For applicants who are associate members of the Fraternal Order of Police, the strip along the bottom of the license plate must also bear the language "ASSOCIATE MEMBER."
(4) (A) Within thirty (30) days of terminating membership or associate membership in the Fraternal Order of Police, an applicant to whom a registration plate has been issued pursuant to this subsection (b) shall surrender the plate to the county clerk of the county of the applicant's residence. (B) The Fraternal Order of Police shall provide biannually to the department the names and addresses of any persons who have terminated their membership or associate membership in the Fraternal Order of Police, together with any other identifying information as the commissioner may require.
(A) Within thirty (30) days of terminating membership or associate membership in the Fraternal Order of Police, an applicant to whom a registration plate has been issued pursuant to this subsection (b) shall surrender the plate to the county clerk of the county of the applicant's residence.
(B) The Fraternal Order of Police shall provide biannually to the department the names and addresses of any persons who have terminated their membership or associate membership in the Fraternal Order of Police, together with any other identifying information as the commissioner may require.
(5) The commissioner is authorized and shall issue a registration plate to an owner or lessee of a motorcycle who is otherwise eligible for a Fraternal Order of Police plate; provided, however, that the owner or lessee shall comply with the state motor vehicle laws relating to registration and licensing of motorcycles and shall pay the regular fee applicable to motorcycles and the applicable fee specified in § 55-4-204 prior to the issuance of the plate.
(6) Funds produced from the sale of Fraternal Order of Police specialty earmarked license plates must be allocated to the Tennessee Fraternal Order of Police Charitable Foundation in accordance with § 55-4-301 .
(7) Notwithstanding any law to the contrary, a person who was issued a Fraternal Order of Police specialty earmarked license plate prior to July 1, 2011, is entitled to retain the plate for vehicular use upon compliance with all motor vehicle laws relating to registration and licensing of motor vehicles and payment of all required fees. License plates described under this subdivision (b)(7) must continue to be considered Fraternal Order of Police specialty earmarked plates upon the applicant's designation.
(8) For the purposes of § 55-4-202(g)(1) , all license plates authorized or issued pursuant to subdivisions (a)(1), (5), and (7) must be jointly included in any determinations for initial issuance and continuation of issuance. If Fraternal Order of Police new specialty earmarked plates are subsequently deemed obsolete pursuant to § 55-4-202(g)(1) , then that determination also applies to all Fraternal Order of Police license plates issued prior to July 1, 2011.
(c) (1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued an Honoring Law Enforcement new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with a representative of Middle and East Tennessee Chapter of Concerns of Police Survivors (COPS), Inc. (3) The funds produced from the sale of Honoring Law Enforcement new specialty earmarked license plates must be allocated to Middle and East Tennessee Chapter of Concerns of Police Survivors (COPS), Inc., in accordance with § 55-4-301 . The funds must be used exclusively to assist with the organization's mission to provide emotional and financial support as well as legal assistance to surviving families of law enforcement officers killed in the line of duty. (4) Notwithstanding § 55-4-202(k)(1) , the Honoring Law Enforcement new specialty earmarked license plate authorized pursuant to this subsection (c) has until July 1, 2024, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1) .
(1) An owner or lessee of a motor vehicle who is a resident of this state, upon complying with state motor vehicle laws relating to registration and licensing of motor vehicles and paying the regular fee applicable to the motor vehicle and the fee provided for in § 55-4-204 , shall be issued an Honoring Law Enforcement new specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) .
(2) The new specialty earmarked plates provided for in this subsection (c) must be designed in consultation with a representative of Middle and East Tennessee Chapter of Concerns of Police Survivors (COPS), Inc.
(3) The funds produced from the sale of Honoring Law Enforcement new specialty earmarked license plates must be allocated to Middle and East Tennessee Chapter of Concerns of Police Survivors (COPS), Inc., in accordance with § 55-4-301 . The funds must be used exclusively to assist with the organization's mission to provide emotional and financial support as well as legal assistance to surviving families of law enforcement officers killed in the line of duty.
(4) Notwithstanding § 55-4-202(k)(1) , the Honoring Law Enforcement new specialty earmarked license plate authorized pursuant to this subsection (c) has until July 1, 2024, to meet the applicable minimum issuance requirements of § 55-4-202(k)(1) .
(d) Back The Blue [Obsolete. See Compiler's Notes.]
Added by 2023 Tenn. Acts, ch. 250, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 55-10-425 — TN Code / Title 55 / Chapter 10 / Section 55-10-425
Compliance-based removal of ignition interlock device
Status: in_force

(a) (1) Effective July 1, 2016, the authorized removal of any functioning ignition interlock device that is required by a court order, by statutory requirement, in the court's discretion, or at the defendant's request, must be compliance-based in accordance with this section. (2) As used in this section: (A) "Ignition interlock provider" means a provider that is licensed by the department pursuant to § 55-10-420 ; (B) "Ignition interlock usage period" means a three-hundred-sixty-five-consecutive-day period or the entire period of the person's driver license revocation, whichever is longer; and (C) "In writing" means either electronically or by regular mail. (b) (1) Except as provided in subdivision (b)(2), upon application by a person who is not otherwise prohibited from having a restricted license, the court must order the installation and use of a functioning ignition interlock device for the ignition interlock usage period. The consecutive-day requirement must be considered to commence on the date of interlock installation, provided that the person applies for the person's restricted license within ten (10) days of the issuance of a court order authorizing a restricted license. If the person does not have a court order or does not apply within ten (10) days, then the ignition interlock usage period must commence on the date of issuance of the driver license with interlock restrictions under subdivision (b)(2). (2) (A) If a functioning ignition interlock device is required, ordered, or requested to be installed and used pursuant to subdivision (a)(1), then the ignition interlock usage period required by subdivision (b)(1) and the final one-hundred-twenty-day period of violation-free use required by subdivision (d)(1) are applicable regardless of whether the person applies for a restricted license during the revocation period. (B) The department shall not reinstate a driver license to a person who did not apply for a restricted driver license during the period of license revocation, regardless of whether the person had an ignition interlock device installed, until the person shows the department proof of a current ignition interlock installation. Upon proof being shown and the driver license reinstated with interlock restrictions, the ignition interlock usage period must commence on the date the license is reinstated and must continue for the full ignition interlock usage period that matches the person's license revocation period until compliance has been established as required in this section. (C) The department shall not accept a court order waiving any ignition interlock requirements if the court order is not in compliance with this part. (3) If the court determines that installation and use of a functioning ignition interlock device is not required by § 55-10-409(b)(2)(B) , the court shall make specific findings of fact on a form provided by the department that the factors listed in § 55-10-409(b)(2)(B) do not exist in the instant case. The findings of fact shall include the following: (A) The person's actual blood or breath alcohol concentration (BAC) demonstrating that the person did not have a blood or breath alcohol concentration of eight-hundredths of one percent (0.08%) or higher, or a combination of alcohol in any amount and marijuana, a controlled substance, controlled substance analogue, drug, or any substance affecting the central nervous system; (B) There was no person in the vehicle with the person who was under eighteen (18) years of age; (C) The person was not involved in an accident, or the accident did not require a report under § 55-10-107 , or the accident was not the proximate result of the person's intoxication; and (D) The person is not charged with violating the implied consent law or, if the person is so charged, the person did not have a conviction or juvenile delinquency adjudication for a violation that occurred within five (5) years of the instant implied consent violation, for any of the offenses set out in § 55-10-409(b)(2)(B)(iv) . (4) (A) If the court fails to make a specific finding that § 55-10-409(b)(2)(B) is not applicable in the instant case, if the finding made by the court is incomplete, or if the finding does not contain adequate information for the department to determine the applicability of § 55-10-409(b)(2)(B) , the person shall be required by default to install and use a functioning ignition interlock device for the ignition interlock usage period. (B) If the court orders that a restricted license be issued without an ignition interlock device required, and the court's findings of fact demonstrate that installation and use of a functioning ignition interlock device is not required by § 55-10-409(b)(2)(B) , the restricted driver license shall be subject to the geographic restrictions of § 55-10-409(c) . (c) (1) A person required to install and use only a functioning ignition interlock device pursuant to this section is prohibited from: (A) Removing or causing to be removed the ignition interlock device from the motor vehicle; (B) Failing to appear at the ignition interlock device provider when required for calibration, monitoring, or inspection of the device; and (C) Tampering with or circumventing the ignition interlock device. (2) Unless as otherwise provided in subsection (h), the person must maintain the device in working order for the ignition interlock usage period. (3) Failure to comply with the requirements of this subsection (c) will result in the ignition interlock usage period starting over. (d) (1) During the final one-hundred-twenty-day period of an ignition interlock usage period, the person shall not: (A) Tamper with, circumvent, or attempt to start the motor vehicle with a breath alcohol concentration in excess of the two-hundredths of one percent (0.02%) blood alcohol concentration calibration setting required by § 55-10-417(b) ; provided, however, that a person is not in violation of this subdivision (d)(1)(A) for attempting to start the motor vehicle, if a subsequent retest within ten (10) minutes shows a breath alcohol concentration of two-hundredths of one percent (0.02%) or less and review of the digital images associated with each test confirms that the same person performed both tests; (B) Fail to take or skip a rolling retest when required by the ignition interlock device; provided, however, that a person is not in violation of this subdivision (d)(1)(B) for failing to take or skipping a rolling retest if a review of the digital images associated with the test confirms that the motor vehicle was not occupied by the driver at the time of the retest; (C) Fail a rolling test required by the ignition interlock device with a breath alcohol concentration in excess of two-hundredths of one percent (0.02%); provided, however, that a person is not in violation of this subdivision (d)(1)(C) for failing a rolling test, if a subsequent retest within ten (10) minutes shows a breath alcohol concentration of two-hundredths of one percent (0.02%) or less and review of the digital images associated with each test confirms that the same person performed both tests; or (D) Remove the ignition interlock device from the motor vehicle, except for necessary maintenance, replacement, or repair as determined by the department, or as allowed by subsection (h). (2) (A) Failure to comply with subdivisions (d)(1)(A)-(C) must result in the extension of the ignition interlock usage period by one hundred twenty (120) days during which the person must remain in compliance with subdivisions (d)(1)(A)-(C) in order to avoid additional extension. (B) Failure to comply with subdivision (d)(1)(D) must result in the restart of the full ignition interlock usage period as prescribed in subdivision (c)(3). (3) The requirement to have an interlock device shall not be removed from the person's driver license unless the requirements of this subsection (d) have been met. (e) (1) If at any time during the ignition interlock usage period, the department determines that the person has committed a violation of subsection (c), then the ignition interlock usage period must start again from the date compliance was reestablished. (2) Notwithstanding subdivision (e)(1), if at any time during the final one hundred twenty (120) days of the ignition interlock usage period, the department determines that the person has committed a violation of subsection (d), then the one-hundred-twenty-day period must start again from the date of the violation. (f) (1) (A) Upon completion of the ignition interlock usage period, the person must take the motor vehicle to an ignition interlock provider for a final download of the person's data file and a determination as to whether the person has successfully completed the ignition interlock usage period without violations of subsection (c) and whether the final one-hundred-twenty-day period was completed without violations of subsection (d). (B) The ignition interlock provider must send the data file from the person's final download to the department within two (2) business days. (C) If the person has successfully completed the ignition interlock usage period without violations of subsection (c) and the final one-hundred-twenty-day period was completed without violations of subsection (d), then the ignition interlock provider must issue a compliance determination form to the person. If the person has not successfully completed the ignition interlock usage period without violations of subsection (c), or the final one-hundred-twenty-day period was not completed without violations of subsection (d), then the ignition interlock provider must notify the person of noncompliance and the resulting extension of the ignition interlock requirement on the compliance determination form. The ignition interlock provider must use the compliance determination form published by the department. (D) If the ignition interlock provider issues a certificate of compliance, then the ignition interlock division within the department must issue an interlock removal form authorizing the removal of the ignition interlock restrictions from the person's driver license and the removal of the ignition interlock device from the person's motor vehicle; provided, that the department's review of the person's records indicates the person has been in compliance during the ignition interlock usage period. (E) The person may take the interlock removal form to a driver services center and apply for the removal of the ignition interlock requirements and reinstatement of the person's driver license or the issuance of a photo identification license. If the person meets all requirements for driver license reinstatement and pays all reinstatement fees, then the department must reinstate the driver license. (F) If the ignition interlock provider notifies the person that the provider's records indicate the person has not complied with the conditions in subsection (c) or (d) during the required periods, then the person may either accept the extension of the ignition interlock requirement or request that the provider reconsider the finding of noncompliance and consider evidence of compliance provided by the person. If the provider confirms the finding of noncompliance, then the person may either accept the extension of the ignition interlock requirement or request an administrative compliance review by the department pursuant to subdivision (f)(2). (2) (A) A person who has had the person's ignition interlock usage period extended by a provider may request, in writing, an administrative compliance review by the department. Any evidence of compliance the person intends to present to the department must be included with the written request. (B) The department shall review the request, including any evidence provided by the person and the records provided by the provider, within thirty (30) days of receiving the request. Following the department's review, the department shall notify the person and the provider of the department's determination in writing. (C) If the department determines that the person was in compliance with subsections (c) and (d), then the department shall issue an interlock removal form. (D) If the department determines that the person was not in compliance for the required periods, then the department shall inform the person of the determination in writing. The person may seek judicial review of the department's administrative compliance review determination as provided by § 4-5-322 . (3) When removing an ignition interlock device on or after July 1, 2016, a certified ignition interlock provider may in good faith rely on a person's interlock removal form that removal of the ignition interlock device is lawful. (g) This section applies to offenses committed on or after July 1, 2016, for which a person is required by a court order, a statutory requirement, in the court's discretion, or at the defendant's request, to operate only a motor vehicle that is equipped with a functioning ignition interlock device. To the extent not inconsistent with this section, the procedural provisions and geographic restrictions of §§ 55-10-409 and 55-10-417 , the provider fees of § 55-10-418 , and the electronic monitoring indigency fund and indigency provisions of § 55-10-419 must, if applicable, continue to apply. If any provision of those sections is in conflict with this section, this section must apply. (h) (1) This subsection (h) applies to persons required to have an ignition interlock device installed on their vehicle under subsection (c) when that vehicle is unable to be operated due to: (A) Damage from an accident or other uncontrollable circumstance where the person's intoxication was not a proximate cause; or (B) Repairs based on normal wear and tear of a vehicle or due to a recall. (2) A person whose vehicle is unable to be operated under subdivision (h)(1) may request the department toll the required consecutive three-hundred-sixty-five-day period, beginning on the date of the incident that led to the vehicle being unable to be operated, by submitting proof to the ignition interlock provider that the vehicle was involved in a traffic crash, the vehicle is being repaired, or other uncontrollable circumstance through no fault of the person required to have ignition interlock. (3) (A) If the vehicle was in an accident and a law enforcement agency issued a crash report, the crash report must be submitted. (B) Other proof may consist of, but is not limited to: (i) A written statement from the insurance company regarding repairs; (ii) A written statement from a repair shop showing the damage being repaired and the estimated time of completion for repairs; or (iii) Other documentation acceptable to the department. (4) The ignition interlock provider shall forward the request and documentation to the department within five (5) business days of receipt. (5) The department shall notify the person and the ignition interlock provider in writing, or by electronic transmission, if the tolling period has been granted or denied, and, if denied, the reason for the denial. (6) If granted, a toll period shall be for thirty (30) days. At the end of the thirty-day period, if the vehicle is still unable to be operated and the person cannot have an ignition interlock device installed on a different vehicle, the person shall submit additional proof, as specified in subdivision (h)(3), to the department showing the vehicle is still undergoing repairs or other acceptable reason that the ignition interlock device cannot be installed on a different vehicle. The department shall notify the person and the ignition interlock provider in writing, or by electronic transmission, if any additional toll period has been granted or denied, and, if denied, the reason for the denial. (7) At the end of any thirty-day period, if no new request has been submitted and granted, then the three-hundred-sixty-five-day period shall resume with the person being required to maintain an ignition interlock device for the period of time that was remaining on the day the tolling period began. (8) The tolling period in this subsection (h) does not relieve a person from the requirement to only operate a vehicle that is equipped with an ignition interlock device. (9) (A) A person aggrieved by the denial of their request to have the three-hundred-sixty-five-day period tolled under this subsection (h) may, within ten (10) business days of the date of the denial, request a review by the commissioner or the commissioner's designee. The request for review shall include copies of the proof submitted to the department, the denial letter from the department, and any information showing why the person believes the denial was incorrect. (B) The commissioner or the commissioner's designee shall, within ten (10) business days of receiving the request for review, make a determination in writing, based on information in the department's records and the information provided by the person requesting the review, whether or not the thirty-day toll period should be granted. (C) The request for review will stay the continuation of the three-hundred-sixty-five-day period until the commissioner or commissioner's designee's ruling is issued. (D) A person may appeal the commissioner or commissioner's designee's ruling pursuant to § 4-5-322 . (i) (1) If a person is unable to produce enough breath volume to operate an ignition interlock device, then the person may apply to the department for a waiver of the ignition interlock requirement. (2) An application for a waiver must be on a form developed by the department, and the following documents must be submitted with the application: (A) A statement by an ignition interlock provider, dated within sixty (60) days of the application, that an ignition interlock device cannot be adjusted to allow the person to use the device and register the person's breath alcohol level; and (B) Statements from at least two (2) licensed physicians who have examined the person at an in-office appointment, dated within sixty (60) days of the application, indicating that the person has a medical condition that renders the person unable to provide a deep lung breath sample for analysis by an ignition interlock device. (3) A person who fails to submit the documents required in subdivision (i)(2) at the time of application must be provided an additional thirty (30) days to submit the documents before the department may deny the waiver for the failure to submit the required documents. (4) Within sixty (60) days after receipt of a waiver application and all required documents, the department shall review the application and the statements from the interlock provider and the physicians, and determine if a person is unable to operate an ignition interlock device and the failure to grant an interlock waiver would constitute a hardship based on the person's work or medical needs. (5) Upon determining that a person is unable to operate an ignition interlock device and the failure to grant a waiver would constitute a hardship under subdivision (i)(4), the department may issue a waiver of the person's ignition interlock requirement. The waiver form issued by the department must specify the necessary times and places of permissible operation of a motor vehicle for the limited purposes of going to and from: (A) Work at the person's regular place of employment; (B) The office of the person's probation officer or other similar location for the sole purpose of attending a regularly scheduled meeting or other function with the probation officer by a route to be designated by the probation officer; (C) A court-ordered alcohol safety program; (D) A college or university in the case of a student enrolled full time in the college or university; (E) A court-ordered outpatient alcohol and drug treatment program; (F) The person's regular place of worship for regularly scheduled religious services conducted by a bona fide religious institution as defined in [former] § 48-101-502(c) [repealed]; and (G) Medical treatment of the person or an immediate family member or provision of care for the person or an immediate family member suffering from a serious illness. (6) (A) The time and geographic restrictions must be required for the entire period of license revocation, or the entire period an ignition interlock device was required based on the law at the time of the person's conviction. (B) A person who receives a waiver must carry the waiver form at all times while the person is operating a motor vehicle. A person who does not have the waiver form while operating a motor vehicle is considered to be driving on a revoked license. (7) A person who has been granted a waiver form by the department must take the form, accompanied by a fee of sixty-five dollars ($65.00), to a driver services center to apply for a restricted driver license. (8) The denial of a waiver under this subsection (i) may be appealed in accordance with the rules and procedures for appeals through the department's driver improvement division. The department shall not issue a license without an ignition interlock restriction during the pendency of the appeal. (j) (1) A nonresident, as defined in § 55-50-102 , who is required to install and maintain an ignition interlock device pursuant to this part may request a waiver developed by the department to be completed by the nonresident's home state. Upon acceptance of the completed waiver by the department, the ignition interlock installation requirement must be waived. (2) If at any time the nonresident becomes a resident, as defined in § 55-50-102 , of this state, then the resident must comply with the requirements of this section and the ignition interlock usage period will commence on the date of driver license issuance with proof that an ignition interlock device has been installed on the motor vehicle. (k) A person required to have a functioning ignition interlock device pursuant to this part shall not operate a motor vehicle without a functioning ignition interlock device. (l) A person who is subject to § 55-10-409 or this section may petition a court with proper jurisdiction for reinstatement of the person's driver license under this part regardless of the date when the person first became subject to those limitations. If the person is in compliance with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the court may order reinstatement. Upon receipt of the court order, if the person is in compliance with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the department shall reinstate the license. Amended by 2022 Tenn. Acts, ch. 964, Secs.s 19, s 20, s 21, s 22, s 23, eff. 7/1/2022 and Secs.s 12, s 13, s 14, s 15, s 16, s 17, s 18 eff. 1/1/2023. Amended by 2022 Tenn. Acts, ch. 964, s 11, eff. 1/1/2023. Amended by 2018 Tenn. Acts, ch. 1046, Sec.s 4, eff. 7/1/2018 and s 3 eff. 1/1/2019. Added by 2016 Tenn. Acts, ch. 888, s 1, eff. 7/1/2016.
(a) (1) Effective July 1, 2016, the authorized removal of any functioning ignition interlock device that is required by a court order, by statutory requirement, in the court's discretion, or at the defendant's request, must be compliance-based in accordance with this section. (2) As used in this section: (A) "Ignition interlock provider" means a provider that is licensed by the department pursuant to § 55-10-420 ; (B) "Ignition interlock usage period" means a three-hundred-sixty-five-consecutive-day period or the entire period of the person's driver license revocation, whichever is longer; and (C) "In writing" means either electronically or by regular mail.
(1) Effective July 1, 2016, the authorized removal of any functioning ignition interlock device that is required by a court order, by statutory requirement, in the court's discretion, or at the defendant's request, must be compliance-based in accordance with this section.
(2) As used in this section: (A) "Ignition interlock provider" means a provider that is licensed by the department pursuant to § 55-10-420 ; (B) "Ignition interlock usage period" means a three-hundred-sixty-five-consecutive-day period or the entire period of the person's driver license revocation, whichever is longer; and (C) "In writing" means either electronically or by regular mail.
(A) "Ignition interlock provider" means a provider that is licensed by the department pursuant to § 55-10-420 ;
(B) "Ignition interlock usage period" means a three-hundred-sixty-five-consecutive-day period or the entire period of the person's driver license revocation, whichever is longer; and
(C) "In writing" means either electronically or by regular mail.
(b) (1) Except as provided in subdivision (b)(2), upon application by a person who is not otherwise prohibited from having a restricted license, the court must order the installation and use of a functioning ignition interlock device for the ignition interlock usage period. The consecutive-day requirement must be considered to commence on the date of interlock installation, provided that the person applies for the person's restricted license within ten (10) days of the issuance of a court order authorizing a restricted license. If the person does not have a court order or does not apply within ten (10) days, then the ignition interlock usage period must commence on the date of issuance of the driver license with interlock restrictions under subdivision (b)(2). (2) (A) If a functioning ignition interlock device is required, ordered, or requested to be installed and used pursuant to subdivision (a)(1), then the ignition interlock usage period required by subdivision (b)(1) and the final one-hundred-twenty-day period of violation-free use required by subdivision (d)(1) are applicable regardless of whether the person applies for a restricted license during the revocation period. (B) The department shall not reinstate a driver license to a person who did not apply for a restricted driver license during the period of license revocation, regardless of whether the person had an ignition interlock device installed, until the person shows the department proof of a current ignition interlock installation. Upon proof being shown and the driver license reinstated with interlock restrictions, the ignition interlock usage period must commence on the date the license is reinstated and must continue for the full ignition interlock usage period that matches the person's license revocation period until compliance has been established as required in this section. (C) The department shall not accept a court order waiving any ignition interlock requirements if the court order is not in compliance with this part. (3) If the court determines that installation and use of a functioning ignition interlock device is not required by § 55-10-409(b)(2)(B) , the court shall make specific findings of fact on a form provided by the department that the factors listed in § 55-10-409(b)(2)(B) do not exist in the instant case. The findings of fact shall include the following: (A) The person's actual blood or breath alcohol concentration (BAC) demonstrating that the person did not have a blood or breath alcohol concentration of eight-hundredths of one percent (0.08%) or higher, or a combination of alcohol in any amount and marijuana, a controlled substance, controlled substance analogue, drug, or any substance affecting the central nervous system; (B) There was no person in the vehicle with the person who was under eighteen (18) years of age; (C) The person was not involved in an accident, or the accident did not require a report under § 55-10-107 , or the accident was not the proximate result of the person's intoxication; and (D) The person is not charged with violating the implied consent law or, if the person is so charged, the person did not have a conviction or juvenile delinquency adjudication for a violation that occurred within five (5) years of the instant implied consent violation, for any of the offenses set out in § 55-10-409(b)(2)(B)(iv) . (4) (A) If the court fails to make a specific finding that § 55-10-409(b)(2)(B) is not applicable in the instant case, if the finding made by the court is incomplete, or if the finding does not contain adequate information for the department to determine the applicability of § 55-10-409(b)(2)(B) , the person shall be required by default to install and use a functioning ignition interlock device for the ignition interlock usage period. (B) If the court orders that a restricted license be issued without an ignition interlock device required, and the court's findings of fact demonstrate that installation and use of a functioning ignition interlock device is not required by § 55-10-409(b)(2)(B) , the restricted driver license shall be subject to the geographic restrictions of § 55-10-409(c) .
(1) Except as provided in subdivision (b)(2), upon application by a person who is not otherwise prohibited from having a restricted license, the court must order the installation and use of a functioning ignition interlock device for the ignition interlock usage period. The consecutive-day requirement must be considered to commence on the date of interlock installation, provided that the person applies for the person's restricted license within ten (10) days of the issuance of a court order authorizing a restricted license. If the person does not have a court order or does not apply within ten (10) days, then the ignition interlock usage period must commence on the date of issuance of the driver license with interlock restrictions under subdivision (b)(2).
(2) (A) If a functioning ignition interlock device is required, ordered, or requested to be installed and used pursuant to subdivision (a)(1), then the ignition interlock usage period required by subdivision (b)(1) and the final one-hundred-twenty-day period of violation-free use required by subdivision (d)(1) are applicable regardless of whether the person applies for a restricted license during the revocation period. (B) The department shall not reinstate a driver license to a person who did not apply for a restricted driver license during the period of license revocation, regardless of whether the person had an ignition interlock device installed, until the person shows the department proof of a current ignition interlock installation. Upon proof being shown and the driver license reinstated with interlock restrictions, the ignition interlock usage period must commence on the date the license is reinstated and must continue for the full ignition interlock usage period that matches the person's license revocation period until compliance has been established as required in this section. (C) The department shall not accept a court order waiving any ignition interlock requirements if the court order is not in compliance with this part.
(A) If a functioning ignition interlock device is required, ordered, or requested to be installed and used pursuant to subdivision (a)(1), then the ignition interlock usage period required by subdivision (b)(1) and the final one-hundred-twenty-day period of violation-free use required by subdivision (d)(1) are applicable regardless of whether the person applies for a restricted license during the revocation period.
(B) The department shall not reinstate a driver license to a person who did not apply for a restricted driver license during the period of license revocation, regardless of whether the person had an ignition interlock device installed, until the person shows the department proof of a current ignition interlock installation. Upon proof being shown and the driver license reinstated with interlock restrictions, the ignition interlock usage period must commence on the date the license is reinstated and must continue for the full ignition interlock usage period that matches the person's license revocation period until compliance has been established as required in this section.
(C) The department shall not accept a court order waiving any ignition interlock requirements if the court order is not in compliance with this part.
(3) If the court determines that installation and use of a functioning ignition interlock device is not required by § 55-10-409(b)(2)(B) , the court shall make specific findings of fact on a form provided by the department that the factors listed in § 55-10-409(b)(2)(B) do not exist in the instant case. The findings of fact shall include the following: (A) The person's actual blood or breath alcohol concentration (BAC) demonstrating that the person did not have a blood or breath alcohol concentration of eight-hundredths of one percent (0.08%) or higher, or a combination of alcohol in any amount and marijuana, a controlled substance, controlled substance analogue, drug, or any substance affecting the central nervous system; (B) There was no person in the vehicle with the person who was under eighteen (18) years of age; (C) The person was not involved in an accident, or the accident did not require a report under § 55-10-107 , or the accident was not the proximate result of the person's intoxication; and (D) The person is not charged with violating the implied consent law or, if the person is so charged, the person did not have a conviction or juvenile delinquency adjudication for a violation that occurred within five (5) years of the instant implied consent violation, for any of the offenses set out in § 55-10-409(b)(2)(B)(iv) .
(A) The person's actual blood or breath alcohol concentration (BAC) demonstrating that the person did not have a blood or breath alcohol concentration of eight-hundredths of one percent (0.08%) or higher, or a combination of alcohol in any amount and marijuana, a controlled substance, controlled substance analogue, drug, or any substance affecting the central nervous system;
(B) There was no person in the vehicle with the person who was under eighteen (18) years of age;
(C) The person was not involved in an accident, or the accident did not require a report under § 55-10-107 , or the accident was not the proximate result of the person's intoxication; and
(D) The person is not charged with violating the implied consent law or, if the person is so charged, the person did not have a conviction or juvenile delinquency adjudication for a violation that occurred within five (5) years of the instant implied consent violation, for any of the offenses set out in § 55-10-409(b)(2)(B)(iv) .
(4) (A) If the court fails to make a specific finding that § 55-10-409(b)(2)(B) is not applicable in the instant case, if the finding made by the court is incomplete, or if the finding does not contain adequate information for the department to determine the applicability of § 55-10-409(b)(2)(B) , the person shall be required by default to install and use a functioning ignition interlock device for the ignition interlock usage period. (B) If the court orders that a restricted license be issued without an ignition interlock device required, and the court's findings of fact demonstrate that installation and use of a functioning ignition interlock device is not required by § 55-10-409(b)(2)(B) , the restricted driver license shall be subject to the geographic restrictions of § 55-10-409(c) .
(A) If the court fails to make a specific finding that § 55-10-409(b)(2)(B) is not applicable in the instant case, if the finding made by the court is incomplete, or if the finding does not contain adequate information for the department to determine the applicability of § 55-10-409(b)(2)(B) , the person shall be required by default to install and use a functioning ignition interlock device for the ignition interlock usage period.
(B) If the court orders that a restricted license be issued without an ignition interlock device required, and the court's findings of fact demonstrate that installation and use of a functioning ignition interlock device is not required by § 55-10-409(b)(2)(B) , the restricted driver license shall be subject to the geographic restrictions of § 55-10-409(c) .
(c) (1) A person required to install and use only a functioning ignition interlock device pursuant to this section is prohibited from: (A) Removing or causing to be removed the ignition interlock device from the motor vehicle; (B) Failing to appear at the ignition interlock device provider when required for calibration, monitoring, or inspection of the device; and (C) Tampering with or circumventing the ignition interlock device. (2) Unless as otherwise provided in subsection (h), the person must maintain the device in working order for the ignition interlock usage period. (3) Failure to comply with the requirements of this subsection (c) will result in the ignition interlock usage period starting over.
(1) A person required to install and use only a functioning ignition interlock device pursuant to this section is prohibited from: (A) Removing or causing to be removed the ignition interlock device from the motor vehicle; (B) Failing to appear at the ignition interlock device provider when required for calibration, monitoring, or inspection of the device; and (C) Tampering with or circumventing the ignition interlock device.
(A) Removing or causing to be removed the ignition interlock device from the motor vehicle;
(B) Failing to appear at the ignition interlock device provider when required for calibration, monitoring, or inspection of the device; and
(C) Tampering with or circumventing the ignition interlock device.
(2) Unless as otherwise provided in subsection (h), the person must maintain the device in working order for the ignition interlock usage period.
(3) Failure to comply with the requirements of this subsection (c) will result in the ignition interlock usage period starting over.
(d) (1) During the final one-hundred-twenty-day period of an ignition interlock usage period, the person shall not: (A) Tamper with, circumvent, or attempt to start the motor vehicle with a breath alcohol concentration in excess of the two-hundredths of one percent (0.02%) blood alcohol concentration calibration setting required by § 55-10-417(b) ; provided, however, that a person is not in violation of this subdivision (d)(1)(A) for attempting to start the motor vehicle, if a subsequent retest within ten (10) minutes shows a breath alcohol concentration of two-hundredths of one percent (0.02%) or less and review of the digital images associated with each test confirms that the same person performed both tests; (B) Fail to take or skip a rolling retest when required by the ignition interlock device; provided, however, that a person is not in violation of this subdivision (d)(1)(B) for failing to take or skipping a rolling retest if a review of the digital images associated with the test confirms that the motor vehicle was not occupied by the driver at the time of the retest; (C) Fail a rolling test required by the ignition interlock device with a breath alcohol concentration in excess of two-hundredths of one percent (0.02%); provided, however, that a person is not in violation of this subdivision (d)(1)(C) for failing a rolling test, if a subsequent retest within ten (10) minutes shows a breath alcohol concentration of two-hundredths of one percent (0.02%) or less and review of the digital images associated with each test confirms that the same person performed both tests; or (D) Remove the ignition interlock device from the motor vehicle, except for necessary maintenance, replacement, or repair as determined by the department, or as allowed by subsection (h). (2) (A) Failure to comply with subdivisions (d)(1)(A)-(C) must result in the extension of the ignition interlock usage period by one hundred twenty (120) days during which the person must remain in compliance with subdivisions (d)(1)(A)-(C) in order to avoid additional extension. (B) Failure to comply with subdivision (d)(1)(D) must result in the restart of the full ignition interlock usage period as prescribed in subdivision (c)(3). (3) The requirement to have an interlock device shall not be removed from the person's driver license unless the requirements of this subsection (d) have been met.
(1) During the final one-hundred-twenty-day period of an ignition interlock usage period, the person shall not: (A) Tamper with, circumvent, or attempt to start the motor vehicle with a breath alcohol concentration in excess of the two-hundredths of one percent (0.02%) blood alcohol concentration calibration setting required by § 55-10-417(b) ; provided, however, that a person is not in violation of this subdivision (d)(1)(A) for attempting to start the motor vehicle, if a subsequent retest within ten (10) minutes shows a breath alcohol concentration of two-hundredths of one percent (0.02%) or less and review of the digital images associated with each test confirms that the same person performed both tests; (B) Fail to take or skip a rolling retest when required by the ignition interlock device; provided, however, that a person is not in violation of this subdivision (d)(1)(B) for failing to take or skipping a rolling retest if a review of the digital images associated with the test confirms that the motor vehicle was not occupied by the driver at the time of the retest; (C) Fail a rolling test required by the ignition interlock device with a breath alcohol concentration in excess of two-hundredths of one percent (0.02%); provided, however, that a person is not in violation of this subdivision (d)(1)(C) for failing a rolling test, if a subsequent retest within ten (10) minutes shows a breath alcohol concentration of two-hundredths of one percent (0.02%) or less and review of the digital images associated with each test confirms that the same person performed both tests; or (D) Remove the ignition interlock device from the motor vehicle, except for necessary maintenance, replacement, or repair as determined by the department, or as allowed by subsection (h).
(A) Tamper with, circumvent, or attempt to start the motor vehicle with a breath alcohol concentration in excess of the two-hundredths of one percent (0.02%) blood alcohol concentration calibration setting required by § 55-10-417(b) ; provided, however, that a person is not in violation of this subdivision (d)(1)(A) for attempting to start the motor vehicle, if a subsequent retest within ten (10) minutes shows a breath alcohol concentration of two-hundredths of one percent (0.02%) or less and review of the digital images associated with each test confirms that the same person performed both tests;
(B) Fail to take or skip a rolling retest when required by the ignition interlock device; provided, however, that a person is not in violation of this subdivision (d)(1)(B) for failing to take or skipping a rolling retest if a review of the digital images associated with the test confirms that the motor vehicle was not occupied by the driver at the time of the retest;
(C) Fail a rolling test required by the ignition interlock device with a breath alcohol concentration in excess of two-hundredths of one percent (0.02%); provided, however, that a person is not in violation of this subdivision (d)(1)(C) for failing a rolling test, if a subsequent retest within ten (10) minutes shows a breath alcohol concentration of two-hundredths of one percent (0.02%) or less and review of the digital images associated with each test confirms that the same person performed both tests; or
(D) Remove the ignition interlock device from the motor vehicle, except for necessary maintenance, replacement, or repair as determined by the department, or as allowed by subsection (h).
(2) (A) Failure to comply with subdivisions (d)(1)(A)-(C) must result in the extension of the ignition interlock usage period by one hundred twenty (120) days during which the person must remain in compliance with subdivisions (d)(1)(A)-(C) in order to avoid additional extension. (B) Failure to comply with subdivision (d)(1)(D) must result in the restart of the full ignition interlock usage period as prescribed in subdivision (c)(3).
(A) Failure to comply with subdivisions (d)(1)(A)-(C) must result in the extension of the ignition interlock usage period by one hundred twenty (120) days during which the person must remain in compliance with subdivisions (d)(1)(A)-(C) in order to avoid additional extension.
(B) Failure to comply with subdivision (d)(1)(D) must result in the restart of the full ignition interlock usage period as prescribed in subdivision (c)(3).
(3) The requirement to have an interlock device shall not be removed from the person's driver license unless the requirements of this subsection (d) have been met.
(e) (1) If at any time during the ignition interlock usage period, the department determines that the person has committed a violation of subsection (c), then the ignition interlock usage period must start again from the date compliance was reestablished. (2) Notwithstanding subdivision (e)(1), if at any time during the final one hundred twenty (120) days of the ignition interlock usage period, the department determines that the person has committed a violation of subsection (d), then the one-hundred-twenty-day period must start again from the date of the violation.
(1) If at any time during the ignition interlock usage period, the department determines that the person has committed a violation of subsection (c), then the ignition interlock usage period must start again from the date compliance was reestablished.
(2) Notwithstanding subdivision (e)(1), if at any time during the final one hundred twenty (120) days of the ignition interlock usage period, the department determines that the person has committed a violation of subsection (d), then the one-hundred-twenty-day period must start again from the date of the violation.
(f) (1) (A) Upon completion of the ignition interlock usage period, the person must take the motor vehicle to an ignition interlock provider for a final download of the person's data file and a determination as to whether the person has successfully completed the ignition interlock usage period without violations of subsection (c) and whether the final one-hundred-twenty-day period was completed without violations of subsection (d). (B) The ignition interlock provider must send the data file from the person's final download to the department within two (2) business days. (C) If the person has successfully completed the ignition interlock usage period without violations of subsection (c) and the final one-hundred-twenty-day period was completed without violations of subsection (d), then the ignition interlock provider must issue a compliance determination form to the person. If the person has not successfully completed the ignition interlock usage period without violations of subsection (c), or the final one-hundred-twenty-day period was not completed without violations of subsection (d), then the ignition interlock provider must notify the person of noncompliance and the resulting extension of the ignition interlock requirement on the compliance determination form. The ignition interlock provider must use the compliance determination form published by the department. (D) If the ignition interlock provider issues a certificate of compliance, then the ignition interlock division within the department must issue an interlock removal form authorizing the removal of the ignition interlock restrictions from the person's driver license and the removal of the ignition interlock device from the person's motor vehicle; provided, that the department's review of the person's records indicates the person has been in compliance during the ignition interlock usage period. (E) The person may take the interlock removal form to a driver services center and apply for the removal of the ignition interlock requirements and reinstatement of the person's driver license or the issuance of a photo identification license. If the person meets all requirements for driver license reinstatement and pays all reinstatement fees, then the department must reinstate the driver license. (F) If the ignition interlock provider notifies the person that the provider's records indicate the person has not complied with the conditions in subsection (c) or (d) during the required periods, then the person may either accept the extension of the ignition interlock requirement or request that the provider reconsider the finding of noncompliance and consider evidence of compliance provided by the person. If the provider confirms the finding of noncompliance, then the person may either accept the extension of the ignition interlock requirement or request an administrative compliance review by the department pursuant to subdivision (f)(2). (2) (A) A person who has had the person's ignition interlock usage period extended by a provider may request, in writing, an administrative compliance review by the department. Any evidence of compliance the person intends to present to the department must be included with the written request. (B) The department shall review the request, including any evidence provided by the person and the records provided by the provider, within thirty (30) days of receiving the request. Following the department's review, the department shall notify the person and the provider of the department's determination in writing. (C) If the department determines that the person was in compliance with subsections (c) and (d), then the department shall issue an interlock removal form. (D) If the department determines that the person was not in compliance for the required periods, then the department shall inform the person of the determination in writing. The person may seek judicial review of the department's administrative compliance review determination as provided by § 4-5-322 . (3) When removing an ignition interlock device on or after July 1, 2016, a certified ignition interlock provider may in good faith rely on a person's interlock removal form that removal of the ignition interlock device is lawful.
(1) (A) Upon completion of the ignition interlock usage period, the person must take the motor vehicle to an ignition interlock provider for a final download of the person's data file and a determination as to whether the person has successfully completed the ignition interlock usage period without violations of subsection (c) and whether the final one-hundred-twenty-day period was completed without violations of subsection (d). (B) The ignition interlock provider must send the data file from the person's final download to the department within two (2) business days. (C) If the person has successfully completed the ignition interlock usage period without violations of subsection (c) and the final one-hundred-twenty-day period was completed without violations of subsection (d), then the ignition interlock provider must issue a compliance determination form to the person. If the person has not successfully completed the ignition interlock usage period without violations of subsection (c), or the final one-hundred-twenty-day period was not completed without violations of subsection (d), then the ignition interlock provider must notify the person of noncompliance and the resulting extension of the ignition interlock requirement on the compliance determination form. The ignition interlock provider must use the compliance determination form published by the department. (D) If the ignition interlock provider issues a certificate of compliance, then the ignition interlock division within the department must issue an interlock removal form authorizing the removal of the ignition interlock restrictions from the person's driver license and the removal of the ignition interlock device from the person's motor vehicle; provided, that the department's review of the person's records indicates the person has been in compliance during the ignition interlock usage period. (E) The person may take the interlock removal form to a driver services center and apply for the removal of the ignition interlock requirements and reinstatement of the person's driver license or the issuance of a photo identification license. If the person meets all requirements for driver license reinstatement and pays all reinstatement fees, then the department must reinstate the driver license. (F) If the ignition interlock provider notifies the person that the provider's records indicate the person has not complied with the conditions in subsection (c) or (d) during the required periods, then the person may either accept the extension of the ignition interlock requirement or request that the provider reconsider the finding of noncompliance and consider evidence of compliance provided by the person. If the provider confirms the finding of noncompliance, then the person may either accept the extension of the ignition interlock requirement or request an administrative compliance review by the department pursuant to subdivision (f)(2).
(A) Upon completion of the ignition interlock usage period, the person must take the motor vehicle to an ignition interlock provider for a final download of the person's data file and a determination as to whether the person has successfully completed the ignition interlock usage period without violations of subsection (c) and whether the final one-hundred-twenty-day period was completed without violations of subsection (d).
(B) The ignition interlock provider must send the data file from the person's final download to the department within two (2) business days.
(C) If the person has successfully completed the ignition interlock usage period without violations of subsection (c) and the final one-hundred-twenty-day period was completed without violations of subsection (d), then the ignition interlock provider must issue a compliance determination form to the person. If the person has not successfully completed the ignition interlock usage period without violations of subsection (c), or the final one-hundred-twenty-day period was not completed without violations of subsection (d), then the ignition interlock provider must notify the person of noncompliance and the resulting extension of the ignition interlock requirement on the compliance determination form. The ignition interlock provider must use the compliance determination form published by the department.
(D) If the ignition interlock provider issues a certificate of compliance, then the ignition interlock division within the department must issue an interlock removal form authorizing the removal of the ignition interlock restrictions from the person's driver license and the removal of the ignition interlock device from the person's motor vehicle; provided, that the department's review of the person's records indicates the person has been in compliance during the ignition interlock usage period.
(E) The person may take the interlock removal form to a driver services center and apply for the removal of the ignition interlock requirements and reinstatement of the person's driver license or the issuance of a photo identification license. If the person meets all requirements for driver license reinstatement and pays all reinstatement fees, then the department must reinstate the driver license.
(F) If the ignition interlock provider notifies the person that the provider's records indicate the person has not complied with the conditions in subsection (c) or (d) during the required periods, then the person may either accept the extension of the ignition interlock requirement or request that the provider reconsider the finding of noncompliance and consider evidence of compliance provided by the person. If the provider confirms the finding of noncompliance, then the person may either accept the extension of the ignition interlock requirement or request an administrative compliance review by the department pursuant to subdivision (f)(2).
(2) (A) A person who has had the person's ignition interlock usage period extended by a provider may request, in writing, an administrative compliance review by the department. Any evidence of compliance the person intends to present to the department must be included with the written request. (B) The department shall review the request, including any evidence provided by the person and the records provided by the provider, within thirty (30) days of receiving the request. Following the department's review, the department shall notify the person and the provider of the department's determination in writing. (C) If the department determines that the person was in compliance with subsections (c) and (d), then the department shall issue an interlock removal form. (D) If the department determines that the person was not in compliance for the required periods, then the department shall inform the person of the determination in writing. The person may seek judicial review of the department's administrative compliance review determination as provided by § 4-5-322 .
(A) A person who has had the person's ignition interlock usage period extended by a provider may request, in writing, an administrative compliance review by the department. Any evidence of compliance the person intends to present to the department must be included with the written request.
(B) The department shall review the request, including any evidence provided by the person and the records provided by the provider, within thirty (30) days of receiving the request. Following the department's review, the department shall notify the person and the provider of the department's determination in writing.
(C) If the department determines that the person was in compliance with subsections (c) and (d), then the department shall issue an interlock removal form.
(D) If the department determines that the person was not in compliance for the required periods, then the department shall inform the person of the determination in writing. The person may seek judicial review of the department's administrative compliance review determination as provided by § 4-5-322 .
(3) When removing an ignition interlock device on or after July 1, 2016, a certified ignition interlock provider may in good faith rely on a person's interlock removal form that removal of the ignition interlock device is lawful.
(g) This section applies to offenses committed on or after July 1, 2016, for which a person is required by a court order, a statutory requirement, in the court's discretion, or at the defendant's request, to operate only a motor vehicle that is equipped with a functioning ignition interlock device. To the extent not inconsistent with this section, the procedural provisions and geographic restrictions of §§ 55-10-409 and 55-10-417 , the provider fees of § 55-10-418 , and the electronic monitoring indigency fund and indigency provisions of § 55-10-419 must, if applicable, continue to apply. If any provision of those sections is in conflict with this section, this section must apply.
(h) (1) This subsection (h) applies to persons required to have an ignition interlock device installed on their vehicle under subsection (c) when that vehicle is unable to be operated due to: (A) Damage from an accident or other uncontrollable circumstance where the person's intoxication was not a proximate cause; or (B) Repairs based on normal wear and tear of a vehicle or due to a recall. (2) A person whose vehicle is unable to be operated under subdivision (h)(1) may request the department toll the required consecutive three-hundred-sixty-five-day period, beginning on the date of the incident that led to the vehicle being unable to be operated, by submitting proof to the ignition interlock provider that the vehicle was involved in a traffic crash, the vehicle is being repaired, or other uncontrollable circumstance through no fault of the person required to have ignition interlock. (3) (A) If the vehicle was in an accident and a law enforcement agency issued a crash report, the crash report must be submitted. (B) Other proof may consist of, but is not limited to: (i) A written statement from the insurance company regarding repairs; (ii) A written statement from a repair shop showing the damage being repaired and the estimated time of completion for repairs; or (iii) Other documentation acceptable to the department. (4) The ignition interlock provider shall forward the request and documentation to the department within five (5) business days of receipt. (5) The department shall notify the person and the ignition interlock provider in writing, or by electronic transmission, if the tolling period has been granted or denied, and, if denied, the reason for the denial. (6) If granted, a toll period shall be for thirty (30) days. At the end of the thirty-day period, if the vehicle is still unable to be operated and the person cannot have an ignition interlock device installed on a different vehicle, the person shall submit additional proof, as specified in subdivision (h)(3), to the department showing the vehicle is still undergoing repairs or other acceptable reason that the ignition interlock device cannot be installed on a different vehicle. The department shall notify the person and the ignition interlock provider in writing, or by electronic transmission, if any additional toll period has been granted or denied, and, if denied, the reason for the denial. (7) At the end of any thirty-day period, if no new request has been submitted and granted, then the three-hundred-sixty-five-day period shall resume with the person being required to maintain an ignition interlock device for the period of time that was remaining on the day the tolling period began. (8) The tolling period in this subsection (h) does not relieve a person from the requirement to only operate a vehicle that is equipped with an ignition interlock device. (9) (A) A person aggrieved by the denial of their request to have the three-hundred-sixty-five-day period tolled under this subsection (h) may, within ten (10) business days of the date of the denial, request a review by the commissioner or the commissioner's designee. The request for review shall include copies of the proof submitted to the department, the denial letter from the department, and any information showing why the person believes the denial was incorrect. (B) The commissioner or the commissioner's designee shall, within ten (10) business days of receiving the request for review, make a determination in writing, based on information in the department's records and the information provided by the person requesting the review, whether or not the thirty-day toll period should be granted. (C) The request for review will stay the continuation of the three-hundred-sixty-five-day period until the commissioner or commissioner's designee's ruling is issued. (D) A person may appeal the commissioner or commissioner's designee's ruling pursuant to § 4-5-322 .
(1) This subsection (h) applies to persons required to have an ignition interlock device installed on their vehicle under subsection (c) when that vehicle is unable to be operated due to: (A) Damage from an accident or other uncontrollable circumstance where the person's intoxication was not a proximate cause; or (B) Repairs based on normal wear and tear of a vehicle or due to a recall.
(A) Damage from an accident or other uncontrollable circumstance where the person's intoxication was not a proximate cause; or
(B) Repairs based on normal wear and tear of a vehicle or due to a recall.
(2) A person whose vehicle is unable to be operated under subdivision (h)(1) may request the department toll the required consecutive three-hundred-sixty-five-day period, beginning on the date of the incident that led to the vehicle being unable to be operated, by submitting proof to the ignition interlock provider that the vehicle was involved in a traffic crash, the vehicle is being repaired, or other uncontrollable circumstance through no fault of the person required to have ignition interlock.
(3) (A) If the vehicle was in an accident and a law enforcement agency issued a crash report, the crash report must be submitted. (B) Other proof may consist of, but is not limited to: (i) A written statement from the insurance company regarding repairs; (ii) A written statement from a repair shop showing the damage being repaired and the estimated time of completion for repairs; or (iii) Other documentation acceptable to the department.
(A) If the vehicle was in an accident and a law enforcement agency issued a crash report, the crash report must be submitted.
(B) Other proof may consist of, but is not limited to: (i) A written statement from the insurance company regarding repairs; (ii) A written statement from a repair shop showing the damage being repaired and the estimated time of completion for repairs; or (iii) Other documentation acceptable to the department.
(i) A written statement from the insurance company regarding repairs;
(ii) A written statement from a repair shop showing the damage being repaired and the estimated time of completion for repairs; or
(iii) Other documentation acceptable to the department.
(4) The ignition interlock provider shall forward the request and documentation to the department within five (5) business days of receipt.
(5) The department shall notify the person and the ignition interlock provider in writing, or by electronic transmission, if the tolling period has been granted or denied, and, if denied, the reason for the denial.
(6) If granted, a toll period shall be for thirty (30) days. At the end of the thirty-day period, if the vehicle is still unable to be operated and the person cannot have an ignition interlock device installed on a different vehicle, the person shall submit additional proof, as specified in subdivision (h)(3), to the department showing the vehicle is still undergoing repairs or other acceptable reason that the ignition interlock device cannot be installed on a different vehicle. The department shall notify the person and the ignition interlock provider in writing, or by electronic transmission, if any additional toll period has been granted or denied, and, if denied, the reason for the denial.
(7) At the end of any thirty-day period, if no new request has been submitted and granted, then the three-hundred-sixty-five-day period shall resume with the person being required to maintain an ignition interlock device for the period of time that was remaining on the day the tolling period began.
(8) The tolling period in this subsection (h) does not relieve a person from the requirement to only operate a vehicle that is equipped with an ignition interlock device.
(9) (A) A person aggrieved by the denial of their request to have the three-hundred-sixty-five-day period tolled under this subsection (h) may, within ten (10) business days of the date of the denial, request a review by the commissioner or the commissioner's designee. The request for review shall include copies of the proof submitted to the department, the denial letter from the department, and any information showing why the person believes the denial was incorrect. (B) The commissioner or the commissioner's designee shall, within ten (10) business days of receiving the request for review, make a determination in writing, based on information in the department's records and the information provided by the person requesting the review, whether or not the thirty-day toll period should be granted. (C) The request for review will stay the continuation of the three-hundred-sixty-five-day period until the commissioner or commissioner's designee's ruling is issued. (D) A person may appeal the commissioner or commissioner's designee's ruling pursuant to § 4-5-322 .
(A) A person aggrieved by the denial of their request to have the three-hundred-sixty-five-day period tolled under this subsection (h) may, within ten (10) business days of the date of the denial, request a review by the commissioner or the commissioner's designee. The request for review shall include copies of the proof submitted to the department, the denial letter from the department, and any information showing why the person believes the denial was incorrect.
(B) The commissioner or the commissioner's designee shall, within ten (10) business days of receiving the request for review, make a determination in writing, based on information in the department's records and the information provided by the person requesting the review, whether or not the thirty-day toll period should be granted.
(C) The request for review will stay the continuation of the three-hundred-sixty-five-day period until the commissioner or commissioner's designee's ruling is issued.
(D) A person may appeal the commissioner or commissioner's designee's ruling pursuant to § 4-5-322 .
(i) (1) If a person is unable to produce enough breath volume to operate an ignition interlock device, then the person may apply to the department for a waiver of the ignition interlock requirement. (2) An application for a waiver must be on a form developed by the department, and the following documents must be submitted with the application: (A) A statement by an ignition interlock provider, dated within sixty (60) days of the application, that an ignition interlock device cannot be adjusted to allow the person to use the device and register the person's breath alcohol level; and (B) Statements from at least two (2) licensed physicians who have examined the person at an in-office appointment, dated within sixty (60) days of the application, indicating that the person has a medical condition that renders the person unable to provide a deep lung breath sample for analysis by an ignition interlock device. (3) A person who fails to submit the documents required in subdivision (i)(2) at the time of application must be provided an additional thirty (30) days to submit the documents before the department may deny the waiver for the failure to submit the required documents. (4) Within sixty (60) days after receipt of a waiver application and all required documents, the department shall review the application and the statements from the interlock provider and the physicians, and determine if a person is unable to operate an ignition interlock device and the failure to grant an interlock waiver would constitute a hardship based on the person's work or medical needs. (5) Upon determining that a person is unable to operate an ignition interlock device and the failure to grant a waiver would constitute a hardship under subdivision (i)(4), the department may issue a waiver of the person's ignition interlock requirement. The waiver form issued by the department must specify the necessary times and places of permissible operation of a motor vehicle for the limited purposes of going to and from: (A) Work at the person's regular place of employment; (B) The office of the person's probation officer or other similar location for the sole purpose of attending a regularly scheduled meeting or other function with the probation officer by a route to be designated by the probation officer; (C) A court-ordered alcohol safety program; (D) A college or university in the case of a student enrolled full time in the college or university; (E) A court-ordered outpatient alcohol and drug treatment program; (F) The person's regular place of worship for regularly scheduled religious services conducted by a bona fide religious institution as defined in [former] § 48-101-502(c) [repealed]; and (G) Medical treatment of the person or an immediate family member or provision of care for the person or an immediate family member suffering from a serious illness. (6) (A) The time and geographic restrictions must be required for the entire period of license revocation, or the entire period an ignition interlock device was required based on the law at the time of the person's conviction. (B) A person who receives a waiver must carry the waiver form at all times while the person is operating a motor vehicle. A person who does not have the waiver form while operating a motor vehicle is considered to be driving on a revoked license. (7) A person who has been granted a waiver form by the department must take the form, accompanied by a fee of sixty-five dollars ($65.00), to a driver services center to apply for a restricted driver license. (8) The denial of a waiver under this subsection (i) may be appealed in accordance with the rules and procedures for appeals through the department's driver improvement division. The department shall not issue a license without an ignition interlock restriction during the pendency of the appeal.
(1) If a person is unable to produce enough breath volume to operate an ignition interlock device, then the person may apply to the department for a waiver of the ignition interlock requirement.
(2) An application for a waiver must be on a form developed by the department, and the following documents must be submitted with the application: (A) A statement by an ignition interlock provider, dated within sixty (60) days of the application, that an ignition interlock device cannot be adjusted to allow the person to use the device and register the person's breath alcohol level; and (B) Statements from at least two (2) licensed physicians who have examined the person at an in-office appointment, dated within sixty (60) days of the application, indicating that the person has a medical condition that renders the person unable to provide a deep lung breath sample for analysis by an ignition interlock device.
(A) A statement by an ignition interlock provider, dated within sixty (60) days of the application, that an ignition interlock device cannot be adjusted to allow the person to use the device and register the person's breath alcohol level; and
(B) Statements from at least two (2) licensed physicians who have examined the person at an in-office appointment, dated within sixty (60) days of the application, indicating that the person has a medical condition that renders the person unable to provide a deep lung breath sample for analysis by an ignition interlock device.
(3) A person who fails to submit the documents required in subdivision (i)(2) at the time of application must be provided an additional thirty (30) days to submit the documents before the department may deny the waiver for the failure to submit the required documents.
(4) Within sixty (60) days after receipt of a waiver application and all required documents, the department shall review the application and the statements from the interlock provider and the physicians, and determine if a person is unable to operate an ignition interlock device and the failure to grant an interlock waiver would constitute a hardship based on the person's work or medical needs.
(5) Upon determining that a person is unable to operate an ignition interlock device and the failure to grant a waiver would constitute a hardship under subdivision (i)(4), the department may issue a waiver of the person's ignition interlock requirement. The waiver form issued by the department must specify the necessary times and places of permissible operation of a motor vehicle for the limited purposes of going to and from: (A) Work at the person's regular place of employment; (B) The office of the person's probation officer or other similar location for the sole purpose of attending a regularly scheduled meeting or other function with the probation officer by a route to be designated by the probation officer; (C) A court-ordered alcohol safety program; (D) A college or university in the case of a student enrolled full time in the college or university; (E) A court-ordered outpatient alcohol and drug treatment program; (F) The person's regular place of worship for regularly scheduled religious services conducted by a bona fide religious institution as defined in [former] § 48-101-502(c) [repealed]; and (G) Medical treatment of the person or an immediate family member or provision of care for the person or an immediate family member suffering from a serious illness.
(A) Work at the person's regular place of employment;
(B) The office of the person's probation officer or other similar location for the sole purpose of attending a regularly scheduled meeting or other function with the probation officer by a route to be designated by the probation officer;
(C) A court-ordered alcohol safety program;
(D) A college or university in the case of a student enrolled full time in the college or university;
(E) A court-ordered outpatient alcohol and drug treatment program;
(F) The person's regular place of worship for regularly scheduled religious services conducted by a bona fide religious institution as defined in [former] § 48-101-502(c) [repealed]; and
(G) Medical treatment of the person or an immediate family member or provision of care for the person or an immediate family member suffering from a serious illness.
(6) (A) The time and geographic restrictions must be required for the entire period of license revocation, or the entire period an ignition interlock device was required based on the law at the time of the person's conviction. (B) A person who receives a waiver must carry the waiver form at all times while the person is operating a motor vehicle. A person who does not have the waiver form while operating a motor vehicle is considered to be driving on a revoked license.
(A) The time and geographic restrictions must be required for the entire period of license revocation, or the entire period an ignition interlock device was required based on the law at the time of the person's conviction.
(B) A person who receives a waiver must carry the waiver form at all times while the person is operating a motor vehicle. A person who does not have the waiver form while operating a motor vehicle is considered to be driving on a revoked license.
(7) A person who has been granted a waiver form by the department must take the form, accompanied by a fee of sixty-five dollars ($65.00), to a driver services center to apply for a restricted driver license.
(8) The denial of a waiver under this subsection (i) may be appealed in accordance with the rules and procedures for appeals through the department's driver improvement division. The department shall not issue a license without an ignition interlock restriction during the pendency of the appeal.
(j) (1) A nonresident, as defined in § 55-50-102 , who is required to install and maintain an ignition interlock device pursuant to this part may request a waiver developed by the department to be completed by the nonresident's home state. Upon acceptance of the completed waiver by the department, the ignition interlock installation requirement must be waived. (2) If at any time the nonresident becomes a resident, as defined in § 55-50-102 , of this state, then the resident must comply with the requirements of this section and the ignition interlock usage period will commence on the date of driver license issuance with proof that an ignition interlock device has been installed on the motor vehicle.
(1) A nonresident, as defined in § 55-50-102 , who is required to install and maintain an ignition interlock device pursuant to this part may request a waiver developed by the department to be completed by the nonresident's home state. Upon acceptance of the completed waiver by the department, the ignition interlock installation requirement must be waived.
(2) If at any time the nonresident becomes a resident, as defined in § 55-50-102 , of this state, then the resident must comply with the requirements of this section and the ignition interlock usage period will commence on the date of driver license issuance with proof that an ignition interlock device has been installed on the motor vehicle.
(k) A person required to have a functioning ignition interlock device pursuant to this part shall not operate a motor vehicle without a functioning ignition interlock device.
(l) A person who is subject to § 55-10-409 or this section may petition a court with proper jurisdiction for reinstatement of the person's driver license under this part regardless of the date when the person first became subject to those limitations. If the person is in compliance with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the court may order reinstatement. Upon receipt of the court order, if the person is in compliance with all other requirements for reinstatement and has no other revocations or suspensions on the person's driving record, then the department shall reinstate the license.
Amended by 2022 Tenn. Acts, ch. 964, Secs.s 19, s 20, s 21, s 22, s 23, eff. 7/1/2022 and Secs.s 12, s 13, s 14, s 15, s 16, s 17, s 18 eff. 1/1/2023.
Amended by 2022 Tenn. Acts, ch. 964, s 11, eff. 1/1/2023.
Amended by 2018 Tenn. Acts, ch. 1046, Sec.s 4, eff. 7/1/2018 and s 3 eff. 1/1/2019.
Added by 2016 Tenn. Acts, ch. 888, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 55-50-506 — TN Code / Title 55 / Chapter 50 / Section 55-50-506
Driving while in possession of methamphetamine
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, apartment house complex or any other premises frequented by the public at large while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2) , commits a Class B misdemeanor and is subject to a fine only of not more than five hundred dollars ($500). (2) A second or subsequent violation of subdivision (a)(1) is a Class A misdemeanor punishable by a fine only of not more than one thousand dollars ($1,000). (b) Upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2) , the department shall revoke the person's license for five (5) years. (c) (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 being introduced into evidence. (d) (1) The vehicle used in the commission of a person's violation of this section is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department of safety is designated as the applicable agency, as defined by § 40-33-202 , for all forfeitures authorized by this subsection (d). (2) In order for subdivision (d)(1) to be applicable to a vehicle, the violation making the vehicle subject to seizure and forfeiture must occur in Tennessee. (3) It is the specific intent that a forfeiture action under this section shall serve a remedial and not a punitive purpose. The purpose of the forfeiture of a vehicle after a person's conviction of driving a vehicle while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2) , is to prevent unscrupulous or incompetent persons from driving on Tennessee's highways while transporting drugs. There is a reasonable connection between the remedial purpose of this section, ensuring safe roads and lessening the pernicious influence of methamphetamine upon Tennessee's families, and the forfeiture of a motor vehicle. While this section may serve as a deterrent to the conduct of driving a motor vehicle while transporting drugs, it is nonetheless intended as a remedial measure. Moreover, the statute serves to remove a dangerous instrument from the hands of individuals who use a motor vehicle for the transportation of drugs. (4) Only POST-certified or state-commissioned law enforcement officers shall be authorized to seize vehicles under this section. Acts 2005, ch. 209, § 4.
(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, apartment house complex or any other premises frequented by the public at large while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2) , commits a Class B misdemeanor and is subject to a fine only of not more than five hundred dollars ($500). (2) A second or subsequent violation of subdivision (a)(1) is a Class A misdemeanor punishable by a fine only of not more than one thousand dollars ($1,000).
(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, apartment house complex or any other premises frequented by the public at large while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2) , commits a Class B misdemeanor and is subject to a fine only of not more than five hundred dollars ($500).
(2) A second or subsequent violation of subdivision (a)(1) is a Class A misdemeanor punishable by a fine only of not more than one thousand dollars ($1,000).
(b) Upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2) , the department shall revoke the person's license for five (5) years.
(c) (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 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 being introduced into evidence.
(d) (1) The vehicle used in the commission of a person's violation of this section is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department of safety is designated as the applicable agency, as defined by § 40-33-202 , for all forfeitures authorized by this subsection (d). (2) In order for subdivision (d)(1) to be applicable to a vehicle, the violation making the vehicle subject to seizure and forfeiture must occur in Tennessee. (3) It is the specific intent that a forfeiture action under this section shall serve a remedial and not a punitive purpose. The purpose of the forfeiture of a vehicle after a person's conviction of driving a vehicle while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2) , is to prevent unscrupulous or incompetent persons from driving on Tennessee's highways while transporting drugs. There is a reasonable connection between the remedial purpose of this section, ensuring safe roads and lessening the pernicious influence of methamphetamine upon Tennessee's families, and the forfeiture of a motor vehicle. While this section may serve as a deterrent to the conduct of driving a motor vehicle while transporting drugs, it is nonetheless intended as a remedial measure. Moreover, the statute serves to remove a dangerous instrument from the hands of individuals who use a motor vehicle for the transportation of drugs. (4) Only POST-certified or state-commissioned law enforcement officers shall be authorized to seize vehicles under this section.
(1) The vehicle used in the commission of a person's violation of this section is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The department of safety is designated as the applicable agency, as defined by § 40-33-202 , for all forfeitures authorized by this subsection (d).
(2) In order for subdivision (d)(1) to be applicable to a vehicle, the violation making the vehicle subject to seizure and forfeiture must occur in Tennessee.
(3) It is the specific intent that a forfeiture action under this section shall serve a remedial and not a punitive purpose. The purpose of the forfeiture of a vehicle after a person's conviction of driving a vehicle while in possession of five (5) or more grams of methamphetamine, as scheduled in § 39-17-408(d)(2) , is to prevent unscrupulous or incompetent persons from driving on Tennessee's highways while transporting drugs. There is a reasonable connection between the remedial purpose of this section, ensuring safe roads and lessening the pernicious influence of methamphetamine upon Tennessee's families, and the forfeiture of a motor vehicle. While this section may serve as a deterrent to the conduct of driving a motor vehicle while transporting drugs, it is nonetheless intended as a remedial measure. Moreover, the statute serves to remove a dangerous instrument from the hands of individuals who use a motor vehicle for the transportation of drugs.
(4) Only POST-certified or state-commissioned law enforcement officers shall be authorized to seize vehicles under this section.
Acts 2005, ch. 209, § 4.
Tenn. Code Ann. § 55-4-103 — TN Code / Title 55 / Chapter 4 / Section 55-4-103
Registration plates furnished by department - Form and contents - Size - Replacement plates - Reissue of plates - County name strip - Recycling of plates
Status: in_force

(a) The department shall likewise furnish to the county clerks of the various counties of the state all registration plates of all types that may be required by the county clerks in the exercise of the duties in subdivision (b)(1) imposed upon them. (b) (1) Every registration plate shall have displayed upon it, in addition to a registration number, the year in which it expires and the abbreviation of the word, "Tennessee," and if the registration plate is issued for any type of vehicle other than a privately owned passenger vehicle not operated for hire, some symbol, or word, indicating the type vehicle for which the plate was originally issued. Registration plates shall bear individual distinctive alpha-numerical characters not to exceed a combination of seven (7) as determined by the commissioner. (2) Registration plates shall be designed in such a manner as determined by the commissioner as will permit the display of validation or revalidation tabs, stickers, or other devices as provided in § 55-4-104(e) , and registration plates shall also be designed in such a manner as determined by the commissioner as will permit thereon, the display of county and/or municipal wheel tax tabs, stickers, or other devices evidencing payment of wheel or road taxes enacted by the respective county and/or municipality of Tennessee, if such local government, pursuant to § 5-8-102(d)(3) , requires the issuance, display and placement of such tabs, stickers, or other devices for wheel or road taxes on the registration plate. (3) Wheel tax records shall be maintained by the county clerk for the same period of time as registration records prior to disposition. (4) Registration plates shall also be designed in such a manner to require the display of tabs, stickers or devices on plates to be issued for a private passenger vehicle, which tabs, stickers or devices shall specify the name of the county of issue. The characters of the name of the county shall in no event be smaller than the characters of the words "Volunteer State" which now appear on registration plates. The area for the display of the county shall be below and parallel to the alpha-numerical legend as provided in subdivision (b)(1). Tabs, stickers or devices on plates shall be issued at the time of the issuance of the registration plates as required by this chapter and subsection (i) and displayed on the registration plates in a manner to be determined by the commissioner. (5) (A) An owner or lessee of a motor vehicle who is entitled under this chapter to be issued a registration plate for a private passenger vehicle pursuant to this section shall receive a registration plate upon initial registration of the vehicle that is designed in a manner to have engraved or embossed on it the national motto language "In God We Trust", which must be located immediately above and parallel to the area for the display of the county. Registration plates for private passenger motor vehicles must be issued containing the national motto language as described in this subdivision (b)(5)(A) upon the depletion of the existing inventory being utilized by the department of revenue. (B) Notwithstanding subdivision (b)(5)(A), an owner or lessee may elect in the alternative for the issuance of a registration plate without the national motto language. (C) Prior to issuing a registration plate for a private passenger vehicle, the county clerk shall inquire of the owner or lessee which registration plate the owner or lessee would like to be issued. If no preference is indicated, then the owner or lessee shall be issued a registration plate with the national motto language by default. (D) Notwithstanding subdivision (b)(5)(A), an owner or lessee may request and be issued a replacement registration plate described in subdivision (b)(5)(A) or (B) if the owner's or lessee's existing plate: (i) Contains the national motto language and the owner or lessee is requesting a plate without the national motto language; (ii) Does not contain the national motto language and the owner or lessee is requesting a plate that contains the national motto language; or (iii) Has been lost, stolen, destroyed, mutilated, or so damaged as to be illegible. (c) Registration plate or plates and the required numerals thereon, except the year number for which issued, shall be of sufficient size to be readable from a distance of one hundred feet (100') during daylight. (d) This section shall apply to and include any mobile home or house trailer. (e) The requirement in subdivision (b)(1) for displaying the year of issue on a plate may be removed with respect to those plates issued under a registration which does not require annual renewal. (f) (1) To promote highway safety and increase visibility and legibility on registration plates, the plates shall be fully reflectorized. The commissioner has the authority to establish specifications covering reflectorization. (2) In addition to the fee imposed in subdivision (f)(3) and in addition to all other motor vehicle registration fees prescribed by law, there shall be paid to the department the additional fee of seventy-five cents (75¢) at the time of the issuance of registration plates or the renewal thereof. (3) In addition to all other motor vehicle registration fees prescribed by law, there shall be paid to the department the additional sum of one dollar ($1.00) at the time of the issuance of registration plates or the renewal thereof. (g) When any plate becomes so mutilated or effaced as to no longer meet the requirements of the law, the holder shall apply to the department for suitable replacement. The commissioner is authorized to promulgate rules and regulations as may be necessary to provide for the replacement of lost or destroyed plates and to collect a fee of ten dollars ($10.00) for each application. (h) Commencing January 1, 2006, and not later than each eighth anniversary thereafter, the commissioner shall cause to be reissued a new registration plate of a design as directed by the commissioner consistent with the terms, conditions and provisions of this section and this chapter. New registration plates shall not be issued prior to January 1, 2006; provided, however, that the issue of the new registration plates on January 1, 2006, and any subsequent issuance shall be deferred to a later January 1 if funds for the reissue of the registration plates are not appropriated specifically in the general appropriations act. (i) County residents who purchase a vehicle out of their county of residence shall receive a county name strip from the county clerk of their county of residence upon proof of proper registration and payment of any county wheel tax or other applicable county fees. (j) After January 1, 2009, every motor vehicle owner who replaces the registration plate on the owner's motor vehicle may deposit the old, outdated or expired registration plate with the department of revenue or its agents in a manner determined by the commissioner pursuant to this subsection (j). The department of revenue shall create a program that promotes the recycling of used or outdated registration plates for the metal content in the plates. The program shall require each county facility where registration plates are issued to have a site for placing a bin or other container to collect used, outdated or expired registration plates for recycling. Each renewal notice of registration shall contain information regarding any such recycling program for registration plates. The commissioner may enter into contractual agreements with nonprofit organizations for the collection, disposal and recycling of used, expired or outdated registration plates, including the placement and maintenance of recycling bins or containers at county facilities where registration plates are issued, and the transportation of the registration plates to recycling facilities. Notwithstanding any provision of this subsection (j) to the contrary, the commissioner shall not be required to enter into an agreement or create a program pursuant to this subsection (j) that would require the department of revenue to incur, pay, or otherwise assume responsibility for the payment of, expenses associated with the collection, disposal or recycling of used, expired or outdated registration plates. However, contractual agreements may allow nonprofit organizations to retain proceeds from the collection, disposal and recycling as an incentive to participation. The county mayor shall designate a location on county property, either inside or outside of any county facility where registration plates are issued, for the placement of recycling bins or containers. Other than providing a location for a bin or container, the county shall have no responsibility for implementation of the recycling program or liability for its operation. If a contractor is not maintaining recycling facilities in a satisfactory manner on county property, the county mayor may notify the commissioner of revenue. The commissioner shall take appropriate steps to ensure that the contractor remedies the problem or terminate the agreement and find a suitable replacement. (k) [Deleted by 2023 amendment.] (l) Beginning January 1, 2024, or upon the depletion of the existing inventory of plates being utilized by the department of revenue, the commissioner of revenue shall ensure that registration plates issued pursuant to this section, must no longer include the language "www.tnvacation.com" and that the national motto language "In God We Trust" must be located on registration plates for private passenger vehicles immediately above and parallel to the area for the display of the county and in the same font size as the previously included language "www.tnvacation.com". Notwithstanding this section to the contrary, registration plates in the department's existing inventory on January 1, 2024, that contain the language "www.tnvacation.com" may continue to be issued on or after that date until the existing inventory is depleted. The commissioner shall ensure that a sufficient number of registration plates without the national motto language are available to be issued for private passenger vehicles in addition to those with the language. Amended by 2023 Tenn. Acts, ch. 250, s 15, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 250, s 14, eff. 7/1/2023. Amended by 2017 Tenn. Acts, ch. 429, s 1, eff. 5/18/2017. Amended by 2013 Tenn. Acts, ch. 183, s 1, eff. 7/1/2013. Acts 1951, ch. 70, § 64 (Williams, § 5538.164); impl. am. Acts 1959, ch. 9, § 14; Acts 1963, ch. 143, § 6; 1967, ch. 122, § 2; 1969, ch. 334, § 1; 1970, ch. 499, § 1; 1971, ch. 12, § 1; 1972, ch. 742, § 1; 1974, ch. 668, § 1; 1975, ch. 98, § 1; 1975, ch. 357, § 1; 1977, ch. 39, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 59-403; Acts 1986, ch. 816, §§ 1-4; 1987, ch. 321, § 1; 1988, ch. 710, § 1; 1988, ch. 971, § 1; 1990, ch. 716, § 1; 1991, ch. 90, § 1; 1991, ch. 405, § 1; 1996, ch. 687, § 3; 1997 , ch. 251, § 1; 1997 , ch. 538, § 1; 2003 , ch. 355, § 17; 2004, ch. 481, §§ 1 - 3; 2008 , ch. 605, § 1; 2009 , ch. 530, § 113; 2010 , ch. 718, § 1; 2012 , ch. 908, § 1.
(a) The department shall likewise furnish to the county clerks of the various counties of the state all registration plates of all types that may be required by the county clerks in the exercise of the duties in subdivision (b)(1) imposed upon them.
(b) (1) Every registration plate shall have displayed upon it, in addition to a registration number, the year in which it expires and the abbreviation of the word, "Tennessee," and if the registration plate is issued for any type of vehicle other than a privately owned passenger vehicle not operated for hire, some symbol, or word, indicating the type vehicle for which the plate was originally issued. Registration plates shall bear individual distinctive alpha-numerical characters not to exceed a combination of seven (7) as determined by the commissioner. (2) Registration plates shall be designed in such a manner as determined by the commissioner as will permit the display of validation or revalidation tabs, stickers, or other devices as provided in § 55-4-104(e) , and registration plates shall also be designed in such a manner as determined by the commissioner as will permit thereon, the display of county and/or municipal wheel tax tabs, stickers, or other devices evidencing payment of wheel or road taxes enacted by the respective county and/or municipality of Tennessee, if such local government, pursuant to § 5-8-102(d)(3) , requires the issuance, display and placement of such tabs, stickers, or other devices for wheel or road taxes on the registration plate. (3) Wheel tax records shall be maintained by the county clerk for the same period of time as registration records prior to disposition. (4) Registration plates shall also be designed in such a manner to require the display of tabs, stickers or devices on plates to be issued for a private passenger vehicle, which tabs, stickers or devices shall specify the name of the county of issue. The characters of the name of the county shall in no event be smaller than the characters of the words "Volunteer State" which now appear on registration plates. The area for the display of the county shall be below and parallel to the alpha-numerical legend as provided in subdivision (b)(1). Tabs, stickers or devices on plates shall be issued at the time of the issuance of the registration plates as required by this chapter and subsection (i) and displayed on the registration plates in a manner to be determined by the commissioner. (5) (A) An owner or lessee of a motor vehicle who is entitled under this chapter to be issued a registration plate for a private passenger vehicle pursuant to this section shall receive a registration plate upon initial registration of the vehicle that is designed in a manner to have engraved or embossed on it the national motto language "In God We Trust", which must be located immediately above and parallel to the area for the display of the county. Registration plates for private passenger motor vehicles must be issued containing the national motto language as described in this subdivision (b)(5)(A) upon the depletion of the existing inventory being utilized by the department of revenue. (B) Notwithstanding subdivision (b)(5)(A), an owner or lessee may elect in the alternative for the issuance of a registration plate without the national motto language. (C) Prior to issuing a registration plate for a private passenger vehicle, the county clerk shall inquire of the owner or lessee which registration plate the owner or lessee would like to be issued. If no preference is indicated, then the owner or lessee shall be issued a registration plate with the national motto language by default. (D) Notwithstanding subdivision (b)(5)(A), an owner or lessee may request and be issued a replacement registration plate described in subdivision (b)(5)(A) or (B) if the owner's or lessee's existing plate: (i) Contains the national motto language and the owner or lessee is requesting a plate without the national motto language; (ii) Does not contain the national motto language and the owner or lessee is requesting a plate that contains the national motto language; or (iii) Has been lost, stolen, destroyed, mutilated, or so damaged as to be illegible.
(1) Every registration plate shall have displayed upon it, in addition to a registration number, the year in which it expires and the abbreviation of the word, "Tennessee," and if the registration plate is issued for any type of vehicle other than a privately owned passenger vehicle not operated for hire, some symbol, or word, indicating the type vehicle for which the plate was originally issued. Registration plates shall bear individual distinctive alpha-numerical characters not to exceed a combination of seven (7) as determined by the commissioner.
(2) Registration plates shall be designed in such a manner as determined by the commissioner as will permit the display of validation or revalidation tabs, stickers, or other devices as provided in § 55-4-104(e) , and registration plates shall also be designed in such a manner as determined by the commissioner as will permit thereon, the display of county and/or municipal wheel tax tabs, stickers, or other devices evidencing payment of wheel or road taxes enacted by the respective county and/or municipality of Tennessee, if such local government, pursuant to § 5-8-102(d)(3) , requires the issuance, display and placement of such tabs, stickers, or other devices for wheel or road taxes on the registration plate.
(3) Wheel tax records shall be maintained by the county clerk for the same period of time as registration records prior to disposition.
(4) Registration plates shall also be designed in such a manner to require the display of tabs, stickers or devices on plates to be issued for a private passenger vehicle, which tabs, stickers or devices shall specify the name of the county of issue. The characters of the name of the county shall in no event be smaller than the characters of the words "Volunteer State" which now appear on registration plates. The area for the display of the county shall be below and parallel to the alpha-numerical legend as provided in subdivision (b)(1). Tabs, stickers or devices on plates shall be issued at the time of the issuance of the registration plates as required by this chapter and subsection (i) and displayed on the registration plates in a manner to be determined by the commissioner.
(5) (A) An owner or lessee of a motor vehicle who is entitled under this chapter to be issued a registration plate for a private passenger vehicle pursuant to this section shall receive a registration plate upon initial registration of the vehicle that is designed in a manner to have engraved or embossed on it the national motto language "In God We Trust", which must be located immediately above and parallel to the area for the display of the county. Registration plates for private passenger motor vehicles must be issued containing the national motto language as described in this subdivision (b)(5)(A) upon the depletion of the existing inventory being utilized by the department of revenue. (B) Notwithstanding subdivision (b)(5)(A), an owner or lessee may elect in the alternative for the issuance of a registration plate without the national motto language. (C) Prior to issuing a registration plate for a private passenger vehicle, the county clerk shall inquire of the owner or lessee which registration plate the owner or lessee would like to be issued. If no preference is indicated, then the owner or lessee shall be issued a registration plate with the national motto language by default. (D) Notwithstanding subdivision (b)(5)(A), an owner or lessee may request and be issued a replacement registration plate described in subdivision (b)(5)(A) or (B) if the owner's or lessee's existing plate: (i) Contains the national motto language and the owner or lessee is requesting a plate without the national motto language; (ii) Does not contain the national motto language and the owner or lessee is requesting a plate that contains the national motto language; or (iii) Has been lost, stolen, destroyed, mutilated, or so damaged as to be illegible.
(A) An owner or lessee of a motor vehicle who is entitled under this chapter to be issued a registration plate for a private passenger vehicle pursuant to this section shall receive a registration plate upon initial registration of the vehicle that is designed in a manner to have engraved or embossed on it the national motto language "In God We Trust", which must be located immediately above and parallel to the area for the display of the county. Registration plates for private passenger motor vehicles must be issued containing the national motto language as described in this subdivision (b)(5)(A) upon the depletion of the existing inventory being utilized by the department of revenue.
(B) Notwithstanding subdivision (b)(5)(A), an owner or lessee may elect in the alternative for the issuance of a registration plate without the national motto language.
(C) Prior to issuing a registration plate for a private passenger vehicle, the county clerk shall inquire of the owner or lessee which registration plate the owner or lessee would like to be issued. If no preference is indicated, then the owner or lessee shall be issued a registration plate with the national motto language by default.
(D) Notwithstanding subdivision (b)(5)(A), an owner or lessee may request and be issued a replacement registration plate described in subdivision (b)(5)(A) or (B) if the owner's or lessee's existing plate: (i) Contains the national motto language and the owner or lessee is requesting a plate without the national motto language; (ii) Does not contain the national motto language and the owner or lessee is requesting a plate that contains the national motto language; or (iii) Has been lost, stolen, destroyed, mutilated, or so damaged as to be illegible.
(i) Contains the national motto language and the owner or lessee is requesting a plate without the national motto language;
(ii) Does not contain the national motto language and the owner or lessee is requesting a plate that contains the national motto language; or
(iii) Has been lost, stolen, destroyed, mutilated, or so damaged as to be illegible.
(c) Registration plate or plates and the required numerals thereon, except the year number for which issued, shall be of sufficient size to be readable from a distance of one hundred feet (100') during daylight.
(d) This section shall apply to and include any mobile home or house trailer.
(e) The requirement in subdivision (b)(1) for displaying the year of issue on a plate may be removed with respect to those plates issued under a registration which does not require annual renewal.
(f) (1) To promote highway safety and increase visibility and legibility on registration plates, the plates shall be fully reflectorized. The commissioner has the authority to establish specifications covering reflectorization. (2) In addition to the fee imposed in subdivision (f)(3) and in addition to all other motor vehicle registration fees prescribed by law, there shall be paid to the department the additional fee of seventy-five cents (75¢) at the time of the issuance of registration plates or the renewal thereof. (3) In addition to all other motor vehicle registration fees prescribed by law, there shall be paid to the department the additional sum of one dollar ($1.00) at the time of the issuance of registration plates or the renewal thereof.
(1) To promote highway safety and increase visibility and legibility on registration plates, the plates shall be fully reflectorized. The commissioner has the authority to establish specifications covering reflectorization.
(2) In addition to the fee imposed in subdivision (f)(3) and in addition to all other motor vehicle registration fees prescribed by law, there shall be paid to the department the additional fee of seventy-five cents (75¢) at the time of the issuance of registration plates or the renewal thereof.
(3) In addition to all other motor vehicle registration fees prescribed by law, there shall be paid to the department the additional sum of one dollar ($1.00) at the time of the issuance of registration plates or the renewal thereof.
(g) When any plate becomes so mutilated or effaced as to no longer meet the requirements of the law, the holder shall apply to the department for suitable replacement. The commissioner is authorized to promulgate rules and regulations as may be necessary to provide for the replacement of lost or destroyed plates and to collect a fee of ten dollars ($10.00) for each application.
(h) Commencing January 1, 2006, and not later than each eighth anniversary thereafter, the commissioner shall cause to be reissued a new registration plate of a design as directed by the commissioner consistent with the terms, conditions and provisions of this section and this chapter. New registration plates shall not be issued prior to January 1, 2006; provided, however, that the issue of the new registration plates on January 1, 2006, and any subsequent issuance shall be deferred to a later January 1 if funds for the reissue of the registration plates are not appropriated specifically in the general appropriations act.
(i) County residents who purchase a vehicle out of their county of residence shall receive a county name strip from the county clerk of their county of residence upon proof of proper registration and payment of any county wheel tax or other applicable county fees.
(j) After January 1, 2009, every motor vehicle owner who replaces the registration plate on the owner's motor vehicle may deposit the old, outdated or expired registration plate with the department of revenue or its agents in a manner determined by the commissioner pursuant to this subsection (j). The department of revenue shall create a program that promotes the recycling of used or outdated registration plates for the metal content in the plates. The program shall require each county facility where registration plates are issued to have a site for placing a bin or other container to collect used, outdated or expired registration plates for recycling. Each renewal notice of registration shall contain information regarding any such recycling program for registration plates. The commissioner may enter into contractual agreements with nonprofit organizations for the collection, disposal and recycling of used, expired or outdated registration plates, including the placement and maintenance of recycling bins or containers at county facilities where registration plates are issued, and the transportation of the registration plates to recycling facilities. Notwithstanding any provision of this subsection (j) to the contrary, the commissioner shall not be required to enter into an agreement or create a program pursuant to this subsection (j) that would require the department of revenue to incur, pay, or otherwise assume responsibility for the payment of, expenses associated with the collection, disposal or recycling of used, expired or outdated registration plates. However, contractual agreements may allow nonprofit organizations to retain proceeds from the collection, disposal and recycling as an incentive to participation. The county mayor shall designate a location on county property, either inside or outside of any county facility where registration plates are issued, for the placement of recycling bins or containers. Other than providing a location for a bin or container, the county shall have no responsibility for implementation of the recycling program or liability for its operation. If a contractor is not maintaining recycling facilities in a satisfactory manner on county property, the county mayor may notify the commissioner of revenue. The commissioner shall take appropriate steps to ensure that the contractor remedies the problem or terminate the agreement and find a suitable replacement.
(k) [Deleted by 2023 amendment.]
(l) Beginning January 1, 2024, or upon the depletion of the existing inventory of plates being utilized by the department of revenue, the commissioner of revenue shall ensure that registration plates issued pursuant to this section, must no longer include the language "www.tnvacation.com" and that the national motto language "In God We Trust" must be located on registration plates for private passenger vehicles immediately above and parallel to the area for the display of the county and in the same font size as the previously included language "www.tnvacation.com". Notwithstanding this section to the contrary, registration plates in the department's existing inventory on January 1, 2024, that contain the language "www.tnvacation.com" may continue to be issued on or after that date until the existing inventory is depleted. The commissioner shall ensure that a sufficient number of registration plates without the national motto language are available to be issued for private passenger vehicles in addition to those with the language.
Amended by 2023 Tenn. Acts, ch. 250, s 15, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 250, s 14, eff. 7/1/2023.
Amended by 2017 Tenn. Acts, ch. 429, s 1, eff. 5/18/2017.
Amended by 2013 Tenn. Acts, ch. 183, s 1, eff. 7/1/2013.
Acts 1951, ch. 70, § 64 (Williams, § 5538.164); impl. am. Acts 1959, ch. 9, § 14; Acts 1963, ch. 143, § 6; 1967, ch. 122, § 2; 1969, ch. 334, § 1; 1970, ch. 499, § 1; 1971, ch. 12, § 1; 1972, ch. 742, § 1; 1974, ch. 668, § 1; 1975, ch. 98, § 1; 1975, ch. 357, § 1; 1977, ch. 39, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 59-403; Acts 1986, ch. 816, §§ 1-4; 1987, ch. 321, § 1; 1988, ch. 710, § 1; 1988, ch. 971, § 1; 1990, ch. 716, § 1; 1991, ch. 90, § 1; 1991, ch. 405, § 1; 1996, ch. 687, § 3; 1997 , ch. 251, § 1; 1997 , ch. 538, § 1; 2003 , ch. 355, § 17; 2004, ch. 481, §§ 1 - 3; 2008 , ch. 605, § 1; 2009 , ch. 530, § 113; 2010 , ch. 718, § 1; 2012 , ch. 908, § 1.
Tenn. Code Ann. § 55-28-106 — TN Code / Title 55 / Chapter 28 / Section 55-28-106
Change in ownership by dealer - Objection - Succession to dealership by family member of deceased, incapacitated, or retired dealer
Status: in_force

(a) (1) If a dealer desires to make a change in ownership by the sale of the business assets, stock transfer, or otherwise, the dealer shall give the manufacturer or distributor written notice at least fifteen (15) business days before the closing, including all supporting documentation as may be reasonably required by the manufacturer or distributor to determine if an objection to the sale may be made. In the absence of a breach by the selling dealer of its dealer agreement or this chapter, the manufacturer or distributor shall not object to the proposed change in ownership unless the prospective transferee: (A) Has previously been terminated by the manufacturer for breach of its manufacturer/dealer agreement; (B) Has been convicted of a felony or any crime of fraud, deceit, or moral turpitude; (C) Lacks any license required by law; (D) Does not have an active line of credit sufficient to purchase a manufacturer's product; or (E) Has undergone in the last ten (10) years bankruptcy, insolvency, a general assignment for the benefit of creditors, or the appointment of a receiver, trustee, or conservator to take possession of the transferee's business or property. (2) If the manufacturer or distributor objects to a proposed change of ownership, the manufacturer or distributor shall give written notice of its reasons to the dealer within ten (10) business days after receipt of the dealer's notification and complete documentation. The manufacturer or distributor has the burden of proof with regard to its objection. If the manufacturer or distributor does not give timely notice of its objection, the change or sale shall be deemed approved. (b) (1) A manufacturer or distributor must provide a dealer an opportunity to designate, in writing, a family member as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. A manufacturer or distributor shall not prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the manufacturer or distributor has provided to the dealer written notice of its objections within ten (10) days after receipt of the dealer's modification of the dealer's succession plan. In the absence of a breach of the dealer agreement, the manufacturer may object to the succession for the following reasons only: (A) Conviction of the successor of a felony or any crime of fraud, deceit, or moral turpitude; (B) Bankruptcy or insolvency of the successor during the past ten (10) years; (C) Prior termination by the manufacturer of the successor for breach of a dealer agreement; (D) Successor does not have an active line of credit sufficient to purchase the manufacturer's product; or (E) Successor lacks any license required by law. (2) The manufacturer or distributor has the burden of proof regarding its objection. However, a family member shall not succeed to a dealership if the succession involves, without the manufacturer's or distributor's consent, a relocation of the business or an alteration of the terms and conditions of the manufacturer/dealer agreement. Added by 2016 Tenn. Acts, ch. 781,s 11, eff. 7/1/2017.
(a) (1) If a dealer desires to make a change in ownership by the sale of the business assets, stock transfer, or otherwise, the dealer shall give the manufacturer or distributor written notice at least fifteen (15) business days before the closing, including all supporting documentation as may be reasonably required by the manufacturer or distributor to determine if an objection to the sale may be made. In the absence of a breach by the selling dealer of its dealer agreement or this chapter, the manufacturer or distributor shall not object to the proposed change in ownership unless the prospective transferee: (A) Has previously been terminated by the manufacturer for breach of its manufacturer/dealer agreement; (B) Has been convicted of a felony or any crime of fraud, deceit, or moral turpitude; (C) Lacks any license required by law; (D) Does not have an active line of credit sufficient to purchase a manufacturer's product; or (E) Has undergone in the last ten (10) years bankruptcy, insolvency, a general assignment for the benefit of creditors, or the appointment of a receiver, trustee, or conservator to take possession of the transferee's business or property. (2) If the manufacturer or distributor objects to a proposed change of ownership, the manufacturer or distributor shall give written notice of its reasons to the dealer within ten (10) business days after receipt of the dealer's notification and complete documentation. The manufacturer or distributor has the burden of proof with regard to its objection. If the manufacturer or distributor does not give timely notice of its objection, the change or sale shall be deemed approved.
(1) If a dealer desires to make a change in ownership by the sale of the business assets, stock transfer, or otherwise, the dealer shall give the manufacturer or distributor written notice at least fifteen (15) business days before the closing, including all supporting documentation as may be reasonably required by the manufacturer or distributor to determine if an objection to the sale may be made. In the absence of a breach by the selling dealer of its dealer agreement or this chapter, the manufacturer or distributor shall not object to the proposed change in ownership unless the prospective transferee: (A) Has previously been terminated by the manufacturer for breach of its manufacturer/dealer agreement; (B) Has been convicted of a felony or any crime of fraud, deceit, or moral turpitude; (C) Lacks any license required by law; (D) Does not have an active line of credit sufficient to purchase a manufacturer's product; or (E) Has undergone in the last ten (10) years bankruptcy, insolvency, a general assignment for the benefit of creditors, or the appointment of a receiver, trustee, or conservator to take possession of the transferee's business or property.
(A) Has previously been terminated by the manufacturer for breach of its manufacturer/dealer agreement;
(B) Has been convicted of a felony or any crime of fraud, deceit, or moral turpitude;
(C) Lacks any license required by law;
(D) Does not have an active line of credit sufficient to purchase a manufacturer's product; or
(E) Has undergone in the last ten (10) years bankruptcy, insolvency, a general assignment for the benefit of creditors, or the appointment of a receiver, trustee, or conservator to take possession of the transferee's business or property.
(2) If the manufacturer or distributor objects to a proposed change of ownership, the manufacturer or distributor shall give written notice of its reasons to the dealer within ten (10) business days after receipt of the dealer's notification and complete documentation. The manufacturer or distributor has the burden of proof with regard to its objection. If the manufacturer or distributor does not give timely notice of its objection, the change or sale shall be deemed approved.
(b) (1) A manufacturer or distributor must provide a dealer an opportunity to designate, in writing, a family member as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. A manufacturer or distributor shall not prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the manufacturer or distributor has provided to the dealer written notice of its objections within ten (10) days after receipt of the dealer's modification of the dealer's succession plan. In the absence of a breach of the dealer agreement, the manufacturer may object to the succession for the following reasons only: (A) Conviction of the successor of a felony or any crime of fraud, deceit, or moral turpitude; (B) Bankruptcy or insolvency of the successor during the past ten (10) years; (C) Prior termination by the manufacturer of the successor for breach of a dealer agreement; (D) Successor does not have an active line of credit sufficient to purchase the manufacturer's product; or (E) Successor lacks any license required by law. (2) The manufacturer or distributor has the burden of proof regarding its objection. However, a family member shall not succeed to a dealership if the succession involves, without the manufacturer's or distributor's consent, a relocation of the business or an alteration of the terms and conditions of the manufacturer/dealer agreement.
(1) A manufacturer or distributor must provide a dealer an opportunity to designate, in writing, a family member as a successor to the dealership in the event of the death, incapacity, or retirement of the dealer. A manufacturer or distributor shall not prevent or refuse to honor the succession to a dealership by a family member of the deceased, incapacitated, or retired dealer unless the manufacturer or distributor has provided to the dealer written notice of its objections within ten (10) days after receipt of the dealer's modification of the dealer's succession plan. In the absence of a breach of the dealer agreement, the manufacturer may object to the succession for the following reasons only: (A) Conviction of the successor of a felony or any crime of fraud, deceit, or moral turpitude; (B) Bankruptcy or insolvency of the successor during the past ten (10) years; (C) Prior termination by the manufacturer of the successor for breach of a dealer agreement; (D) Successor does not have an active line of credit sufficient to purchase the manufacturer's product; or (E) Successor lacks any license required by law.
(A) Conviction of the successor of a felony or any crime of fraud, deceit, or moral turpitude;
(B) Bankruptcy or insolvency of the successor during the past ten (10) years;
(C) Prior termination by the manufacturer of the successor for breach of a dealer agreement;
(D) Successor does not have an active line of credit sufficient to purchase the manufacturer's product; or
(E) Successor lacks any license required by law.
(2) The manufacturer or distributor has the burden of proof regarding its objection. However, a family member shall not succeed to a dealership if the succession involves, without the manufacturer's or distributor's consent, a relocation of the business or an alteration of the terms and conditions of the manufacturer/dealer agreement.
Added by 2016 Tenn. Acts, ch. 781,s 11, eff. 7/1/2017.
Tenn. Code Ann. § 55-12-122 — TN Code / Title 55 / Chapter 12 / Section 55-12-122
Motor vehicle liability policy - Contents
Status: in_force

(a) An owner's policy of liability insurance shall designate, by explicit description or by appropriate reference, all motor vehicles with respect to which coverage is thereby granted; and shall insure the person named therein, and any other person using the motor vehicle or motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the United States or the Dominion of Canada, subject to limits, exclusive of interest and costs, with respect to each such motor vehicle, which are set forth in § 55-12-102 . (b) An operator's policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon the insured by law for damages arising out of the use by the insured of any motor vehicle not owned by the insured within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner's policy of liability insurance. (c) A motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or endorsement that insurance is provided thereunder in accordance with the coverage defined in this part with respect to bodily injury and death or property damage, or both, and is subject to all of this part. (d) The motor vehicle liability policy need not insure any liability under any workers' compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of the vehicle nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured. (e) Every motor vehicle liability policy shall be subject to the following provisions, which need not be contained therein: (1) The liability of the insurance carrier, with respect to the insurance required by this part, shall become absolute whenever injury or damage covered by the motor vehicle liability policy occurs. The policy may not be cancelled or annulled as to the liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. No statement made by the insured or on behalf of the insured and no violation of the policy provisions shall defeat or void the policy. Further, absent a finding of fault on the part of the insured, the policy may not be cancelled or annulled solely due to involvement in a not at fault accident; (2) The satisfaction by the insured of a judgment for the injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage; (3) The insurance carrier shall have the right to settle any claim covered by the policy, and if the settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in subsection (a); and (4) The policy, the written application thereof, if any, and any riders or endorsements that do not conflict with this part, shall constitute the entire contract between the parties. (f) Any policy that grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage shall not be subject to this part. With respect to a policy that grants the excess or additional coverage, "motor vehicle liability policy" applies only to that part of the coverage that is required by this section. (g) Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the carrier would not have been obligated to make under the terms of the policy except for this part. (h) Any motor vehicle liability policy may provide for the proration of the insurance thereunder with other valid and collectible insurance. (i) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one (1) or more insurance carriers which policies together meet these requirements. (j) Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for the policy. Acts 1977, ch. 446, § 22; T.C.A., § 59-1272; Acts 1983, ch. 53, § 8; 1997, ch. 394, § 1.
(a) An owner's policy of liability insurance shall designate, by explicit description or by appropriate reference, all motor vehicles with respect to which coverage is thereby granted; and shall insure the person named therein, and any other person using the motor vehicle or motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the United States or the Dominion of Canada, subject to limits, exclusive of interest and costs, with respect to each such motor vehicle, which are set forth in § 55-12-102 .
(b) An operator's policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon the insured by law for damages arising out of the use by the insured of any motor vehicle not owned by the insured within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner's policy of liability insurance.
(c) A motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or endorsement that insurance is provided thereunder in accordance with the coverage defined in this part with respect to bodily injury and death or property damage, or both, and is subject to all of this part.
(d) The motor vehicle liability policy need not insure any liability under any workers' compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of the vehicle nor any liability for damage to property owned by, rented to, in charge of, or transported by the insured.
(e) Every motor vehicle liability policy shall be subject to the following provisions, which need not be contained therein: (1) The liability of the insurance carrier, with respect to the insurance required by this part, shall become absolute whenever injury or damage covered by the motor vehicle liability policy occurs. The policy may not be cancelled or annulled as to the liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. No statement made by the insured or on behalf of the insured and no violation of the policy provisions shall defeat or void the policy. Further, absent a finding of fault on the part of the insured, the policy may not be cancelled or annulled solely due to involvement in a not at fault accident; (2) The satisfaction by the insured of a judgment for the injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage; (3) The insurance carrier shall have the right to settle any claim covered by the policy, and if the settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in subsection (a); and (4) The policy, the written application thereof, if any, and any riders or endorsements that do not conflict with this part, shall constitute the entire contract between the parties.
(1) The liability of the insurance carrier, with respect to the insurance required by this part, shall become absolute whenever injury or damage covered by the motor vehicle liability policy occurs. The policy may not be cancelled or annulled as to the liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. No statement made by the insured or on behalf of the insured and no violation of the policy provisions shall defeat or void the policy. Further, absent a finding of fault on the part of the insured, the policy may not be cancelled or annulled solely due to involvement in a not at fault accident;
(2) The satisfaction by the insured of a judgment for the injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage;
(3) The insurance carrier shall have the right to settle any claim covered by the policy, and if the settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in subsection (a); and
(4) The policy, the written application thereof, if any, and any riders or endorsements that do not conflict with this part, shall constitute the entire contract between the parties.
(f) Any policy that grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage shall not be subject to this part. With respect to a policy that grants the excess or additional coverage, "motor vehicle liability policy" applies only to that part of the coverage that is required by this section.
(g) Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the carrier would not have been obligated to make under the terms of the policy except for this part.
(h) Any motor vehicle liability policy may provide for the proration of the insurance thereunder with other valid and collectible insurance.
(i) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one (1) or more insurance carriers which policies together meet these requirements.
(j) Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for the policy.
Acts 1977, ch. 446, § 22; T.C.A., § 59-1272; Acts 1983, ch. 53, § 8; 1997, ch. 394, § 1.
Tenn. Code Ann. § 55-9-601 — TN Code / Title 55 / Chapter 9 / Section 55-9-601
Required - Specifications - Violations - Penalties
Status: in_force

(a) (1) It is unlawful for any person to buy, sell, lease, trade or transfer from or to Tennessee residents, at retail, an automobile that is manufactured or assembled commencing with the 1964 models, unless the automobile is equipped with safety belts installed for use in the left front and right front seats. (2) It is unlawful for any person to buy, sell, lease, trade or transfer from or to Tennessee residents, at retail, a passenger motor vehicle that is manufactured or assembled commencing with the 1969 models, unless the passenger motor vehicle is equipped with safety belts installed for use in every designated seating position of the motor vehicle. (b) All such safety belts shall be of a type and be installed in a manner approved by the department of safety. The department shall establish specifications and requirements of approved types of safety belts and attachments. The department shall accept, as approved, all seat belt installations and the belt and anchor meeting the specifications of the Society of Automotive Engineers. (c) As used in this section, unless specified otherwise, "passenger car" or "passenger motor vehicle" means any motor vehicle with a manufacturer's gross vehicle weight rating of eight thousand five hundred pounds (8,500 lbs.) or less that is not used as a public or livery conveyance for passengers. "Passenger car" or "passenger motor vehicle" does not apply to motor vehicles that are not required by federal law to be equipped with safety belts. (d) A violation of this section is a Class C misdemeanor. (e) No court costs shall be imposed or assessed against anyone convicted of a violation of this section. Acts 1963, ch. 102, §§ 1, 2; 1977, ch. 114, §§ 1, 2; T.C.A., § 59-930; Acts 1981, ch. 86, §§ 1, 2; 1985, ch. 183, § 1; T.C.A., § 55-9-214 ; Acts 1986, ch. 866, §§ 1-3; 1989, ch. 591, § 113.
(a) (1) It is unlawful for any person to buy, sell, lease, trade or transfer from or to Tennessee residents, at retail, an automobile that is manufactured or assembled commencing with the 1964 models, unless the automobile is equipped with safety belts installed for use in the left front and right front seats. (2) It is unlawful for any person to buy, sell, lease, trade or transfer from or to Tennessee residents, at retail, a passenger motor vehicle that is manufactured or assembled commencing with the 1969 models, unless the passenger motor vehicle is equipped with safety belts installed for use in every designated seating position of the motor vehicle.
(1) It is unlawful for any person to buy, sell, lease, trade or transfer from or to Tennessee residents, at retail, an automobile that is manufactured or assembled commencing with the 1964 models, unless the automobile is equipped with safety belts installed for use in the left front and right front seats.
(2) It is unlawful for any person to buy, sell, lease, trade or transfer from or to Tennessee residents, at retail, a passenger motor vehicle that is manufactured or assembled commencing with the 1969 models, unless the passenger motor vehicle is equipped with safety belts installed for use in every designated seating position of the motor vehicle.
(b) All such safety belts shall be of a type and be installed in a manner approved by the department of safety. The department shall establish specifications and requirements of approved types of safety belts and attachments. The department shall accept, as approved, all seat belt installations and the belt and anchor meeting the specifications of the Society of Automotive Engineers.
(c) As used in this section, unless specified otherwise, "passenger car" or "passenger motor vehicle" means any motor vehicle with a manufacturer's gross vehicle weight rating of eight thousand five hundred pounds (8,500 lbs.) or less that is not used as a public or livery conveyance for passengers. "Passenger car" or "passenger motor vehicle" does not apply to motor vehicles that are not required by federal law to be equipped with safety belts.
(d) A violation of this section is a Class C misdemeanor.
(e) No court costs shall be imposed or assessed against anyone convicted of a violation of this section.
Acts 1963, ch. 102, §§ 1, 2; 1977, ch. 114, §§ 1, 2; T.C.A., § 59-930; Acts 1981, ch. 86, §§ 1, 2; 1985, ch. 183, § 1; T.C.A., § 55-9-214 ; Acts 1986, ch. 866, §§ 1-3; 1989, ch. 591, § 113.