Tenn. Code Ann. § 55-3-203 — TN Code / Title 55 / Chapter 3 / Section 55-3-203
Records of motor vehicle dismantler and recycler or scrap metal processor - Requirements - Violations and penalties
Status: in_force

(a) (1) Any motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 or scrap metal processor as defined in § 55-3-201 , who purchases motor vehicles for parts, dismantling, or scrap, shall, notwithstanding the requirements of title 62, chapter 9, be governed by this section with respect to those purchases, and shall maintain a record for three (3) years, in the form the commissioner prescribes, of every vehicle bought, sold, dismantled, exchanged, or received by the motor vehicle dismantler and recycler or scrap metal processor. (2) The purchasing motor vehicle dismantler and recycler or scrap metal processor shall also require the seller of the vehicle to provide proof of ownership by providing a properly endorsed vehicle title. The title provided shall be securely maintained for each vehicle purchased, shall become a part of the record maintained pursuant to subdivision (a)(1), and shall be cancelled by the department of revenue pursuant to subdivision (h)(2). (b) (1) (A) Notwithstanding this title to the contrary, any motor vehicle dismantler and recycler or scrap metal processor, who purchases a motor vehicle that is twelve (12) years or older solely for parts, dismantling, or scrap, may purchase the motor vehicle without seeing and obtaining the title to the vehicle if the motor vehicle dismantler and recycler or scrap metal processor does not dismantle, crush, or shred the vehicle for a period of three (3) business days, including the date of purchase, and if the following information is obtained by the buyer and maintained as a part of the record required by subdivision (a)(1): (i) The name, address, and National Motor Vehicle Title Information System (NMVTIS) identification number of the motor vehicle dismantler and recycler or scrap metal processor; (ii) The name, initials, or other identification of the individual entering the information; (iii) The date of the transaction; (iv) A description of the motor vehicle, including the make and model to the extent practicable; (v) The vehicle identification number (VIN) of the vehicle to the extent practicable; (vi) The license plate number of any vehicle transporting the motor vehicle being sold; (vii) The amount of consideration given for the vehicle; (viii) A written statement signed by the seller, and the seller's agent, if applicable: (a) Certifying that the seller, and the seller's agent, if applicable, have the lawful right to sell the motor vehicle; (b) Certifying that the vehicle is not subject to any security interest or lien; (c) Acknowledging that a person who falsifies any information contained in the written statement is subject to criminal sanctions and restitution for losses incurred as a result of the sale of a vehicle based on falsified information contained in the statement; and (d) Certifying that the vehicle shall never be titled again and shall be dismantled or destroyed; (ix) The name, address, and the right thumbprint impression of the person from whom the vehicle is being purchased. However, if taking the right thumbprint is not possible, the left thumbprint or another fingerprint impression shall suffice; (x) A photocopy or electronic scan of a valid driver license of the seller, and the seller's agent, if applicable, of the motor vehicle, or in lieu of the photocopy or scan of the valid driver license, any other identification card containing a photograph of the seller as issued by any state or federal agency of the United States. If the buyer has a copy of the seller's photo identification on file, the buyer may reference the photo identification on file without making a separate photocopy for each transaction; and (xi) Proof confirming that the motor vehicle dismantler and recycler or scrap metal processor has reported the vehicle to the department of revenue in accordance with subsection (c) within twenty-four (24) hours, not counting weekends or legal holidays, of the close of business of the day the vehicle was received. (B) If the seller does not provide the motor vehicle title or provide the information prescribed in subdivision (b)(1)(A), the motor vehicle dismantler and recycler or scrap metal processor shall not complete the transaction. (2) The general assembly intends by this subsection (b) to occupy and preempt the entire field of legislation related to the age of the vehicle which a motor vehicle dismantler and recycler or scrap metal processor may purchase without seeing and obtaining the title to the vehicle and the three-day waiting period prior to dismantling, crushing, or shredding the vehicle when a title is not provided to the dismantler or recycler in accordance with subdivision (b)(1)(A). (c) Any motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 or scrap metal processor as defined in § 55-3-201 , who purchases a vehicle for scrap or parts, shall submit to the department of revenue any information in a format as is necessary to satisfy the requirement for reporting information to the National Motor Vehicle Title Information System (NMVTIS) in accordance with rules adopted by the United States department of justice in 28 CFR 25.56 , within twenty-four (24) hours, not counting weekends or legal holidays, of the close of business of the day the vehicle was received. The department shall report such information to NMVTIS on behalf of the motor vehicle dismantler and recycler or scrap metal processor. (d) (1) It is a Class A misdemeanor, subject to a minimum fine of one thousand dollars ($1,000), for any person to: (A) Knowingly violate this section; (B) Knowingly fail to report as required under subsection (c); (C) Falsify the statement required under subsection (b); (D) Knowingly falsify the certification required under subsection (g); or (E) Knowingly sell a vehicle which is the subject of any security interest or lien. (2) Actions to impose the penalties under this subsection (d) may be brought by any local or state law enforcement agency, district attorney, or by the attorney general and reporter in any court of competent jurisdiction. (3) (A) One-half (1/2) of the monies generated from the penalties under this subsection (d) shall be deposited in the general fund. (B) The remaining one-half (1/2) of the monies generated from the penalties under this subsection (d) shall be deposited: (i) In the general fund of the municipality if the suit was brought in a municipal court; (ii) In the general fund of the county if the suit was brought in the court of a county; or (iii) To the appropriate state law enforcement agency, if the suit was brought by any county, state, or municipal law enforcement agency. (4) Monies generated from the penalties under this subsection (d) shall be used only for the enforcement, investigation, prosecution, and training related to violations of this section, auto thefts, or motor vehicle related crimes. (5) A court of competent jurisdiction shall also order a seller under this section to make restitution to the owner or lienholder, and to the motor vehicle dismantler and recycler or scrap metal processor, for any damage or loss caused by the seller arising out of an offense committed by the seller, including attorney's fees. (e) Any motor vehicle used to transport a motor vehicle illegally sold under this section shall be subject to seizure and forfeiture by any law enforcement officer authorized to effectuate an arrest. The seizure and forfeiture shall be conducted in accordance with the procedure set out in title 40, chapter 33, part 1. (f) The records required to be maintained by this section shall be open to inspection by a representative of the commissioner's office or a law enforcement officer, or both, during reasonable business hours. (g) As used in this section, "motor vehicle" or "vehicle" does not include motor vehicles or vehicles that have been reported to the NMVTIS and have been flattened, crushed, baled, or logged, such that the motor vehicle or vehicle is less than fifty percent (50%) of its original volume, is no longer the motor vehicle as described by the certificate of title, and is sold for purposes of scrap metal only. The seller of the material shall certify to the scrap metal processor purchasing the material that all vehicles crushed in this manner and included in the sale have been properly reported to the department of revenue or the NMVTIS. (h) (1) The department of revenue shall verify within twenty-four (24) hours of receipt of the information reported pursuant to subsection (c) whether or not the motor vehicle reported pursuant to subsection (c) has been reported stolen. The department of revenue may develop a method to allow a person subject to this section to verify at the time of the transaction, through the use of the internet, at no cost, that the vehicle has not been reported stolen, and that also allows for the department of revenue's response to be printed and retained by the person making the request. Within ninety (90) days of the development of such system, its use by any motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 or scrap metal processor as defined in § 55-3-201 , who purchases a vehicle for scrap or parts, shall become mandatory. One (1) of the following shall apply following the department of revenue's response: (A) If the department of revenue confirms that the motor vehicle has been reported stolen, the motor vehicle dismantler and recycler or scrap metal processor shall notify the appropriate local law enforcement agency of the current location of the vehicle and the identifying information of the person selling the vehicle; or (B) If the department of revenue confirms that the motor vehicle has not been stolen, the motor vehicle dismantler and recycler or scrap metal processor may proceed with the transaction and shall not be held criminally or civilly liable if the motor vehicle later turns out to be a stolen vehicle, unless the motor vehicle dismantler and recycler or scrap metal processor had knowledge that the motor vehicle was a stolen vehicle or failed to comply with the requirements of subsection (a) or (b). (2) The department of revenue shall enter a cancellation on the title record for the motor vehicle. (3) If the department of revenue has not received information from a federal, state, or local department or independent source that a vehicle has been reported as stolen it will continue to check against the National Crime Information Center (NCIC) for a period of thirty (30) days. If the vehicle is not reported as stolen, any person damaged shall not have a cause of action against the department of revenue's vehicle services division. (4) The department of revenue is authorized to comply with some or all of its responsibilities in this section through a contract with a United States department of justice approved third-party data consolidator, pursuant to 28 CFR Part 25. Amended by 2015 Tenn. Acts, ch. 466, s 1, eff. 7/1/2016. Acts 1951, ch. 70, § 57 (Williams, § 5538.157); Acts 1959, ch. 250, § 1; T.C.A. (orig. ed.), §§ 59-330, 55-3-129; Acts 1989, ch. 591, § 113; 1996, ch. 552, § 10; 2006, ch. 517, § 3; 2008 , ch. 1026, § 1; 2012 , ch. 684, § 1.
(a) (1) Any motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 or scrap metal processor as defined in § 55-3-201 , who purchases motor vehicles for parts, dismantling, or scrap, shall, notwithstanding the requirements of title 62, chapter 9, be governed by this section with respect to those purchases, and shall maintain a record for three (3) years, in the form the commissioner prescribes, of every vehicle bought, sold, dismantled, exchanged, or received by the motor vehicle dismantler and recycler or scrap metal processor. (2) The purchasing motor vehicle dismantler and recycler or scrap metal processor shall also require the seller of the vehicle to provide proof of ownership by providing a properly endorsed vehicle title. The title provided shall be securely maintained for each vehicle purchased, shall become a part of the record maintained pursuant to subdivision (a)(1), and shall be cancelled by the department of revenue pursuant to subdivision (h)(2).
(1) Any motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 or scrap metal processor as defined in § 55-3-201 , who purchases motor vehicles for parts, dismantling, or scrap, shall, notwithstanding the requirements of title 62, chapter 9, be governed by this section with respect to those purchases, and shall maintain a record for three (3) years, in the form the commissioner prescribes, of every vehicle bought, sold, dismantled, exchanged, or received by the motor vehicle dismantler and recycler or scrap metal processor.
(2) The purchasing motor vehicle dismantler and recycler or scrap metal processor shall also require the seller of the vehicle to provide proof of ownership by providing a properly endorsed vehicle title. The title provided shall be securely maintained for each vehicle purchased, shall become a part of the record maintained pursuant to subdivision (a)(1), and shall be cancelled by the department of revenue pursuant to subdivision (h)(2).
(b) (1) (A) Notwithstanding this title to the contrary, any motor vehicle dismantler and recycler or scrap metal processor, who purchases a motor vehicle that is twelve (12) years or older solely for parts, dismantling, or scrap, may purchase the motor vehicle without seeing and obtaining the title to the vehicle if the motor vehicle dismantler and recycler or scrap metal processor does not dismantle, crush, or shred the vehicle for a period of three (3) business days, including the date of purchase, and if the following information is obtained by the buyer and maintained as a part of the record required by subdivision (a)(1): (i) The name, address, and National Motor Vehicle Title Information System (NMVTIS) identification number of the motor vehicle dismantler and recycler or scrap metal processor; (ii) The name, initials, or other identification of the individual entering the information; (iii) The date of the transaction; (iv) A description of the motor vehicle, including the make and model to the extent practicable; (v) The vehicle identification number (VIN) of the vehicle to the extent practicable; (vi) The license plate number of any vehicle transporting the motor vehicle being sold; (vii) The amount of consideration given for the vehicle; (viii) A written statement signed by the seller, and the seller's agent, if applicable: (a) Certifying that the seller, and the seller's agent, if applicable, have the lawful right to sell the motor vehicle; (b) Certifying that the vehicle is not subject to any security interest or lien; (c) Acknowledging that a person who falsifies any information contained in the written statement is subject to criminal sanctions and restitution for losses incurred as a result of the sale of a vehicle based on falsified information contained in the statement; and (d) Certifying that the vehicle shall never be titled again and shall be dismantled or destroyed; (ix) The name, address, and the right thumbprint impression of the person from whom the vehicle is being purchased. However, if taking the right thumbprint is not possible, the left thumbprint or another fingerprint impression shall suffice; (x) A photocopy or electronic scan of a valid driver license of the seller, and the seller's agent, if applicable, of the motor vehicle, or in lieu of the photocopy or scan of the valid driver license, any other identification card containing a photograph of the seller as issued by any state or federal agency of the United States. If the buyer has a copy of the seller's photo identification on file, the buyer may reference the photo identification on file without making a separate photocopy for each transaction; and (xi) Proof confirming that the motor vehicle dismantler and recycler or scrap metal processor has reported the vehicle to the department of revenue in accordance with subsection (c) within twenty-four (24) hours, not counting weekends or legal holidays, of the close of business of the day the vehicle was received. (B) If the seller does not provide the motor vehicle title or provide the information prescribed in subdivision (b)(1)(A), the motor vehicle dismantler and recycler or scrap metal processor shall not complete the transaction. (2) The general assembly intends by this subsection (b) to occupy and preempt the entire field of legislation related to the age of the vehicle which a motor vehicle dismantler and recycler or scrap metal processor may purchase without seeing and obtaining the title to the vehicle and the three-day waiting period prior to dismantling, crushing, or shredding the vehicle when a title is not provided to the dismantler or recycler in accordance with subdivision (b)(1)(A).
(1) (A) Notwithstanding this title to the contrary, any motor vehicle dismantler and recycler or scrap metal processor, who purchases a motor vehicle that is twelve (12) years or older solely for parts, dismantling, or scrap, may purchase the motor vehicle without seeing and obtaining the title to the vehicle if the motor vehicle dismantler and recycler or scrap metal processor does not dismantle, crush, or shred the vehicle for a period of three (3) business days, including the date of purchase, and if the following information is obtained by the buyer and maintained as a part of the record required by subdivision (a)(1): (i) The name, address, and National Motor Vehicle Title Information System (NMVTIS) identification number of the motor vehicle dismantler and recycler or scrap metal processor; (ii) The name, initials, or other identification of the individual entering the information; (iii) The date of the transaction; (iv) A description of the motor vehicle, including the make and model to the extent practicable; (v) The vehicle identification number (VIN) of the vehicle to the extent practicable; (vi) The license plate number of any vehicle transporting the motor vehicle being sold; (vii) The amount of consideration given for the vehicle; (viii) A written statement signed by the seller, and the seller's agent, if applicable: (a) Certifying that the seller, and the seller's agent, if applicable, have the lawful right to sell the motor vehicle; (b) Certifying that the vehicle is not subject to any security interest or lien; (c) Acknowledging that a person who falsifies any information contained in the written statement is subject to criminal sanctions and restitution for losses incurred as a result of the sale of a vehicle based on falsified information contained in the statement; and (d) Certifying that the vehicle shall never be titled again and shall be dismantled or destroyed; (ix) The name, address, and the right thumbprint impression of the person from whom the vehicle is being purchased. However, if taking the right thumbprint is not possible, the left thumbprint or another fingerprint impression shall suffice; (x) A photocopy or electronic scan of a valid driver license of the seller, and the seller's agent, if applicable, of the motor vehicle, or in lieu of the photocopy or scan of the valid driver license, any other identification card containing a photograph of the seller as issued by any state or federal agency of the United States. If the buyer has a copy of the seller's photo identification on file, the buyer may reference the photo identification on file without making a separate photocopy for each transaction; and (xi) Proof confirming that the motor vehicle dismantler and recycler or scrap metal processor has reported the vehicle to the department of revenue in accordance with subsection (c) within twenty-four (24) hours, not counting weekends or legal holidays, of the close of business of the day the vehicle was received. (B) If the seller does not provide the motor vehicle title or provide the information prescribed in subdivision (b)(1)(A), the motor vehicle dismantler and recycler or scrap metal processor shall not complete the transaction.
(A) Notwithstanding this title to the contrary, any motor vehicle dismantler and recycler or scrap metal processor, who purchases a motor vehicle that is twelve (12) years or older solely for parts, dismantling, or scrap, may purchase the motor vehicle without seeing and obtaining the title to the vehicle if the motor vehicle dismantler and recycler or scrap metal processor does not dismantle, crush, or shred the vehicle for a period of three (3) business days, including the date of purchase, and if the following information is obtained by the buyer and maintained as a part of the record required by subdivision (a)(1): (i) The name, address, and National Motor Vehicle Title Information System (NMVTIS) identification number of the motor vehicle dismantler and recycler or scrap metal processor; (ii) The name, initials, or other identification of the individual entering the information; (iii) The date of the transaction; (iv) A description of the motor vehicle, including the make and model to the extent practicable; (v) The vehicle identification number (VIN) of the vehicle to the extent practicable; (vi) The license plate number of any vehicle transporting the motor vehicle being sold; (vii) The amount of consideration given for the vehicle; (viii) A written statement signed by the seller, and the seller's agent, if applicable: (a) Certifying that the seller, and the seller's agent, if applicable, have the lawful right to sell the motor vehicle; (b) Certifying that the vehicle is not subject to any security interest or lien; (c) Acknowledging that a person who falsifies any information contained in the written statement is subject to criminal sanctions and restitution for losses incurred as a result of the sale of a vehicle based on falsified information contained in the statement; and (d) Certifying that the vehicle shall never be titled again and shall be dismantled or destroyed; (ix) The name, address, and the right thumbprint impression of the person from whom the vehicle is being purchased. However, if taking the right thumbprint is not possible, the left thumbprint or another fingerprint impression shall suffice; (x) A photocopy or electronic scan of a valid driver license of the seller, and the seller's agent, if applicable, of the motor vehicle, or in lieu of the photocopy or scan of the valid driver license, any other identification card containing a photograph of the seller as issued by any state or federal agency of the United States. If the buyer has a copy of the seller's photo identification on file, the buyer may reference the photo identification on file without making a separate photocopy for each transaction; and (xi) Proof confirming that the motor vehicle dismantler and recycler or scrap metal processor has reported the vehicle to the department of revenue in accordance with subsection (c) within twenty-four (24) hours, not counting weekends or legal holidays, of the close of business of the day the vehicle was received.
(i) The name, address, and National Motor Vehicle Title Information System (NMVTIS) identification number of the motor vehicle dismantler and recycler or scrap metal processor;
(ii) The name, initials, or other identification of the individual entering the information;
(iii) The date of the transaction;
(iv) A description of the motor vehicle, including the make and model to the extent practicable;
(v) The vehicle identification number (VIN) of the vehicle to the extent practicable;
(vi) The license plate number of any vehicle transporting the motor vehicle being sold;
(vii) The amount of consideration given for the vehicle;
(viii) A written statement signed by the seller, and the seller's agent, if applicable: (a) Certifying that the seller, and the seller's agent, if applicable, have the lawful right to sell the motor vehicle; (b) Certifying that the vehicle is not subject to any security interest or lien; (c) Acknowledging that a person who falsifies any information contained in the written statement is subject to criminal sanctions and restitution for losses incurred as a result of the sale of a vehicle based on falsified information contained in the statement; and (d) Certifying that the vehicle shall never be titled again and shall be dismantled or destroyed;
(a) Certifying that the seller, and the seller's agent, if applicable, have the lawful right to sell the motor vehicle;
(b) Certifying that the vehicle is not subject to any security interest or lien;
(c) Acknowledging that a person who falsifies any information contained in the written statement is subject to criminal sanctions and restitution for losses incurred as a result of the sale of a vehicle based on falsified information contained in the statement; and
(d) Certifying that the vehicle shall never be titled again and shall be dismantled or destroyed;
(ix) The name, address, and the right thumbprint impression of the person from whom the vehicle is being purchased. However, if taking the right thumbprint is not possible, the left thumbprint or another fingerprint impression shall suffice;
(x) A photocopy or electronic scan of a valid driver license of the seller, and the seller's agent, if applicable, of the motor vehicle, or in lieu of the photocopy or scan of the valid driver license, any other identification card containing a photograph of the seller as issued by any state or federal agency of the United States. If the buyer has a copy of the seller's photo identification on file, the buyer may reference the photo identification on file without making a separate photocopy for each transaction; and
(xi) Proof confirming that the motor vehicle dismantler and recycler or scrap metal processor has reported the vehicle to the department of revenue in accordance with subsection (c) within twenty-four (24) hours, not counting weekends or legal holidays, of the close of business of the day the vehicle was received.
(B) If the seller does not provide the motor vehicle title or provide the information prescribed in subdivision (b)(1)(A), the motor vehicle dismantler and recycler or scrap metal processor shall not complete the transaction.
(2) The general assembly intends by this subsection (b) to occupy and preempt the entire field of legislation related to the age of the vehicle which a motor vehicle dismantler and recycler or scrap metal processor may purchase without seeing and obtaining the title to the vehicle and the three-day waiting period prior to dismantling, crushing, or shredding the vehicle when a title is not provided to the dismantler or recycler in accordance with subdivision (b)(1)(A).
(c) Any motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 or scrap metal processor as defined in § 55-3-201 , who purchases a vehicle for scrap or parts, shall submit to the department of revenue any information in a format as is necessary to satisfy the requirement for reporting information to the National Motor Vehicle Title Information System (NMVTIS) in accordance with rules adopted by the United States department of justice in 28 CFR 25.56 , within twenty-four (24) hours, not counting weekends or legal holidays, of the close of business of the day the vehicle was received. The department shall report such information to NMVTIS on behalf of the motor vehicle dismantler and recycler or scrap metal processor.
(d) (1) It is a Class A misdemeanor, subject to a minimum fine of one thousand dollars ($1,000), for any person to: (A) Knowingly violate this section; (B) Knowingly fail to report as required under subsection (c); (C) Falsify the statement required under subsection (b); (D) Knowingly falsify the certification required under subsection (g); or (E) Knowingly sell a vehicle which is the subject of any security interest or lien. (2) Actions to impose the penalties under this subsection (d) may be brought by any local or state law enforcement agency, district attorney, or by the attorney general and reporter in any court of competent jurisdiction. (3) (A) One-half (1/2) of the monies generated from the penalties under this subsection (d) shall be deposited in the general fund. (B) The remaining one-half (1/2) of the monies generated from the penalties under this subsection (d) shall be deposited: (i) In the general fund of the municipality if the suit was brought in a municipal court; (ii) In the general fund of the county if the suit was brought in the court of a county; or (iii) To the appropriate state law enforcement agency, if the suit was brought by any county, state, or municipal law enforcement agency. (4) Monies generated from the penalties under this subsection (d) shall be used only for the enforcement, investigation, prosecution, and training related to violations of this section, auto thefts, or motor vehicle related crimes. (5) A court of competent jurisdiction shall also order a seller under this section to make restitution to the owner or lienholder, and to the motor vehicle dismantler and recycler or scrap metal processor, for any damage or loss caused by the seller arising out of an offense committed by the seller, including attorney's fees.
(1) It is a Class A misdemeanor, subject to a minimum fine of one thousand dollars ($1,000), for any person to: (A) Knowingly violate this section; (B) Knowingly fail to report as required under subsection (c); (C) Falsify the statement required under subsection (b); (D) Knowingly falsify the certification required under subsection (g); or (E) Knowingly sell a vehicle which is the subject of any security interest or lien.
(A) Knowingly violate this section;
(B) Knowingly fail to report as required under subsection (c);
(C) Falsify the statement required under subsection (b);
(D) Knowingly falsify the certification required under subsection (g); or
(E) Knowingly sell a vehicle which is the subject of any security interest or lien.
(2) Actions to impose the penalties under this subsection (d) may be brought by any local or state law enforcement agency, district attorney, or by the attorney general and reporter in any court of competent jurisdiction.
(3) (A) One-half (1/2) of the monies generated from the penalties under this subsection (d) shall be deposited in the general fund. (B) The remaining one-half (1/2) of the monies generated from the penalties under this subsection (d) shall be deposited: (i) In the general fund of the municipality if the suit was brought in a municipal court; (ii) In the general fund of the county if the suit was brought in the court of a county; or (iii) To the appropriate state law enforcement agency, if the suit was brought by any county, state, or municipal law enforcement agency.
(A) One-half (1/2) of the monies generated from the penalties under this subsection (d) shall be deposited in the general fund.
(B) The remaining one-half (1/2) of the monies generated from the penalties under this subsection (d) shall be deposited: (i) In the general fund of the municipality if the suit was brought in a municipal court; (ii) In the general fund of the county if the suit was brought in the court of a county; or (iii) To the appropriate state law enforcement agency, if the suit was brought by any county, state, or municipal law enforcement agency.
(i) In the general fund of the municipality if the suit was brought in a municipal court;
(ii) In the general fund of the county if the suit was brought in the court of a county; or
(iii) To the appropriate state law enforcement agency, if the suit was brought by any county, state, or municipal law enforcement agency.
(4) Monies generated from the penalties under this subsection (d) shall be used only for the enforcement, investigation, prosecution, and training related to violations of this section, auto thefts, or motor vehicle related crimes.
(5) A court of competent jurisdiction shall also order a seller under this section to make restitution to the owner or lienholder, and to the motor vehicle dismantler and recycler or scrap metal processor, for any damage or loss caused by the seller arising out of an offense committed by the seller, including attorney's fees.
(e) Any motor vehicle used to transport a motor vehicle illegally sold under this section shall be subject to seizure and forfeiture by any law enforcement officer authorized to effectuate an arrest. The seizure and forfeiture shall be conducted in accordance with the procedure set out in title 40, chapter 33, part 1.
(f) The records required to be maintained by this section shall be open to inspection by a representative of the commissioner's office or a law enforcement officer, or both, during reasonable business hours.
(g) As used in this section, "motor vehicle" or "vehicle" does not include motor vehicles or vehicles that have been reported to the NMVTIS and have been flattened, crushed, baled, or logged, such that the motor vehicle or vehicle is less than fifty percent (50%) of its original volume, is no longer the motor vehicle as described by the certificate of title, and is sold for purposes of scrap metal only. The seller of the material shall certify to the scrap metal processor purchasing the material that all vehicles crushed in this manner and included in the sale have been properly reported to the department of revenue or the NMVTIS.
(h) (1) The department of revenue shall verify within twenty-four (24) hours of receipt of the information reported pursuant to subsection (c) whether or not the motor vehicle reported pursuant to subsection (c) has been reported stolen. The department of revenue may develop a method to allow a person subject to this section to verify at the time of the transaction, through the use of the internet, at no cost, that the vehicle has not been reported stolen, and that also allows for the department of revenue's response to be printed and retained by the person making the request. Within ninety (90) days of the development of such system, its use by any motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 or scrap metal processor as defined in § 55-3-201 , who purchases a vehicle for scrap or parts, shall become mandatory. One (1) of the following shall apply following the department of revenue's response: (A) If the department of revenue confirms that the motor vehicle has been reported stolen, the motor vehicle dismantler and recycler or scrap metal processor shall notify the appropriate local law enforcement agency of the current location of the vehicle and the identifying information of the person selling the vehicle; or (B) If the department of revenue confirms that the motor vehicle has not been stolen, the motor vehicle dismantler and recycler or scrap metal processor may proceed with the transaction and shall not be held criminally or civilly liable if the motor vehicle later turns out to be a stolen vehicle, unless the motor vehicle dismantler and recycler or scrap metal processor had knowledge that the motor vehicle was a stolen vehicle or failed to comply with the requirements of subsection (a) or (b). (2) The department of revenue shall enter a cancellation on the title record for the motor vehicle. (3) If the department of revenue has not received information from a federal, state, or local department or independent source that a vehicle has been reported as stolen it will continue to check against the National Crime Information Center (NCIC) for a period of thirty (30) days. If the vehicle is not reported as stolen, any person damaged shall not have a cause of action against the department of revenue's vehicle services division. (4) The department of revenue is authorized to comply with some or all of its responsibilities in this section through a contract with a United States department of justice approved third-party data consolidator, pursuant to 28 CFR Part 25.
(1) The department of revenue shall verify within twenty-four (24) hours of receipt of the information reported pursuant to subsection (c) whether or not the motor vehicle reported pursuant to subsection (c) has been reported stolen. The department of revenue may develop a method to allow a person subject to this section to verify at the time of the transaction, through the use of the internet, at no cost, that the vehicle has not been reported stolen, and that also allows for the department of revenue's response to be printed and retained by the person making the request. Within ninety (90) days of the development of such system, its use by any motor vehicle dismantler and recycler required to be licensed pursuant to § 55-17-109 or scrap metal processor as defined in § 55-3-201 , who purchases a vehicle for scrap or parts, shall become mandatory. One (1) of the following shall apply following the department of revenue's response: (A) If the department of revenue confirms that the motor vehicle has been reported stolen, the motor vehicle dismantler and recycler or scrap metal processor shall notify the appropriate local law enforcement agency of the current location of the vehicle and the identifying information of the person selling the vehicle; or (B) If the department of revenue confirms that the motor vehicle has not been stolen, the motor vehicle dismantler and recycler or scrap metal processor may proceed with the transaction and shall not be held criminally or civilly liable if the motor vehicle later turns out to be a stolen vehicle, unless the motor vehicle dismantler and recycler or scrap metal processor had knowledge that the motor vehicle was a stolen vehicle or failed to comply with the requirements of subsection (a) or (b).
(A) If the department of revenue confirms that the motor vehicle has been reported stolen, the motor vehicle dismantler and recycler or scrap metal processor shall notify the appropriate local law enforcement agency of the current location of the vehicle and the identifying information of the person selling the vehicle; or
(B) If the department of revenue confirms that the motor vehicle has not been stolen, the motor vehicle dismantler and recycler or scrap metal processor may proceed with the transaction and shall not be held criminally or civilly liable if the motor vehicle later turns out to be a stolen vehicle, unless the motor vehicle dismantler and recycler or scrap metal processor had knowledge that the motor vehicle was a stolen vehicle or failed to comply with the requirements of subsection (a) or (b).
(2) The department of revenue shall enter a cancellation on the title record for the motor vehicle.
(3) If the department of revenue has not received information from a federal, state, or local department or independent source that a vehicle has been reported as stolen it will continue to check against the National Crime Information Center (NCIC) for a period of thirty (30) days. If the vehicle is not reported as stolen, any person damaged shall not have a cause of action against the department of revenue's vehicle services division.
(4) The department of revenue is authorized to comply with some or all of its responsibilities in this section through a contract with a United States department of justice approved third-party data consolidator, pursuant to 28 CFR Part 25.
Amended by 2015 Tenn. Acts, ch. 466, s 1, eff. 7/1/2016.
Acts 1951, ch. 70, § 57 (Williams, § 5538.157); Acts 1959, ch. 250, § 1; T.C.A. (orig. ed.), §§ 59-330, 55-3-129; Acts 1989, ch. 591, § 113; 1996, ch. 552, § 10; 2006, ch. 517, § 3; 2008 , ch. 1026, § 1; 2012 , ch. 684, § 1.
Tenn. Code Ann. § 55-10-101 — TN Code / Title 55 / Chapter 10 / Section 55-10-101
Accidents involving death or personal injury
Status: in_force

(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close to the scene as possible, but shall then return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of § 55-10-103 . The stop shall be made without obstructing traffic more than is necessary. The requirements in this subsection (a) apply to accidents occurring upon highways and the premises of any shopping center, trailer park or any apartment house complex, or any other premises that are generally frequented by the public at large. (b) (1) A violation of subsection (a) is a Class A misdemeanor. (2) (A) It is a Class E felony for any person to fail to stop or to comply with the requirements of subsection (a) when the person knew or should reasonably have known that death resulted from the accident. (B) If, as a result of the same course of conduct, a person who is charged with a violation of subdivision (b)(2)(A) is also charged with the offense of vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 or aggravated vehicular homicide under § 39-13-218 , any sentence imposed for a violation of subdivision (b)(2)(A) shall be served consecutive to any sentence imposed for the applicable assault or homicide offense. (c) The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of the person convicted of a violation of this section. (d) As used in this part, "accident" includes any collision or crash, regardless of the degree of care exercised by the drivers involved or whether it was the result of criminal conduct. (e) With respect to an ADS-operated vehicle, as defined by § 55-30-102 , the requirements of subsection (a) are satisfied if the motor vehicle's owner, or a person on behalf of the motor vehicle's owner, promptly contacts a law enforcement officer or agency to report the accident and the ADS-operated vehicle remains on the scene of the accident as otherwise required by law. Amended by 2018 Tenn. Acts, ch. 1046, s 4, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 474, s 10, eff. 6/6/2017. Amended by 2015 Tenn. Acts, ch. 164, s 1, eff. 7/1/2015. Acts 1955, ch. 329, § 78; 1976, ch. 674, § 1; T.C.A., § 59-1001; Acts 1984, ch. 758, § 1; 1988, ch. 788, § 1; 1989, ch. 323, § 1; 1989, ch. 591, §§ 1, 6, 111; 2008 , ch. 1167, § 1.
(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop the vehicle at the scene of the accident or as close to the scene as possible, but shall then return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of § 55-10-103 . The stop shall be made without obstructing traffic more than is necessary. The requirements in this subsection (a) apply to accidents occurring upon highways and the premises of any shopping center, trailer park or any apartment house complex, or any other premises that are generally frequented by the public at large.
(b) (1) A violation of subsection (a) is a Class A misdemeanor. (2) (A) It is a Class E felony for any person to fail to stop or to comply with the requirements of subsection (a) when the person knew or should reasonably have known that death resulted from the accident. (B) If, as a result of the same course of conduct, a person who is charged with a violation of subdivision (b)(2)(A) is also charged with the offense of vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 or aggravated vehicular homicide under § 39-13-218 , any sentence imposed for a violation of subdivision (b)(2)(A) shall be served consecutive to any sentence imposed for the applicable assault or homicide offense.
(1) A violation of subsection (a) is a Class A misdemeanor.
(2) (A) It is a Class E felony for any person to fail to stop or to comply with the requirements of subsection (a) when the person knew or should reasonably have known that death resulted from the accident. (B) If, as a result of the same course of conduct, a person who is charged with a violation of subdivision (b)(2)(A) is also charged with the offense of vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 or aggravated vehicular homicide under § 39-13-218 , any sentence imposed for a violation of subdivision (b)(2)(A) shall be served consecutive to any sentence imposed for the applicable assault or homicide offense.
(A) It is a Class E felony for any person to fail to stop or to comply with the requirements of subsection (a) when the person knew or should reasonably have known that death resulted from the accident.
(B) If, as a result of the same course of conduct, a person who is charged with a violation of subdivision (b)(2)(A) is also charged with the offense of vehicular assault under § 39-13-106 , vehicular homicide under § 39-13-213 or aggravated vehicular homicide under § 39-13-218 , any sentence imposed for a violation of subdivision (b)(2)(A) shall be served consecutive to any sentence imposed for the applicable assault or homicide offense.
(c) The commissioner shall revoke the license or permit to drive and any nonresident operating privilege of the person convicted of a violation of this section.
(d) As used in this part, "accident" includes any collision or crash, regardless of the degree of care exercised by the drivers involved or whether it was the result of criminal conduct.
(e) With respect to an ADS-operated vehicle, as defined by § 55-30-102 , the requirements of subsection (a) are satisfied if the motor vehicle's owner, or a person on behalf of the motor vehicle's owner, promptly contacts a law enforcement officer or agency to report the accident and the ADS-operated vehicle remains on the scene of the accident as otherwise required by law.
Amended by 2018 Tenn. Acts, ch. 1046, s 4, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 474, s 10, eff. 6/6/2017.
Amended by 2015 Tenn. Acts, ch. 164, s 1, eff. 7/1/2015.
Acts 1955, ch. 329, § 78; 1976, ch. 674, § 1; T.C.A., § 59-1001; Acts 1984, ch. 758, § 1; 1988, ch. 788, § 1; 1989, ch. 323, § 1; 1989, ch. 591, §§ 1, 6, 111; 2008 , ch. 1167, § 1.
Tenn. Code Ann. § 55-4-138 — TN Code / Title 55 / Chapter 4 / Section 55-4-138
Evidence of vehicle registration in electronic format - Acceptable electronic formats
Status: in_force

In addition to the provisions of § 55-12-139 authorizing a person to display evidence of financial responsibility through the use of electronic devices, a person may also display evidence of vehicle registration in electronic format. The electronic images shall state that the vehicle is properly registered and that a certificate of registration has been issued to the owner or operator of the vehicle. For purposes of this section, acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device. If a person displays the evidence in an electronic format pursuant to this section, the person is not consenting for law enforcement to access any other contents of the electronic device. Acts 2018, ch. 606, § 1.
In addition to the provisions of § 55-12-139 authorizing a person to display evidence of financial responsibility through the use of electronic devices, a person may also display evidence of vehicle registration in electronic format. The electronic images shall state that the vehicle is properly registered and that a certificate of registration has been issued to the owner or operator of the vehicle. For purposes of this section, acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device. If a person displays the evidence in an electronic format pursuant to this section, the person is not consenting for law enforcement to access any other contents of the electronic device.
Acts 2018, ch. 606, § 1.
Tenn. Code Ann. § 55-50-307 — TN Code / Title 55 / Chapter 50 / Section 55-50-307
Acquired brain injury, intellectual disability, or developmental disability designation for driver's license or photo identification license
Status: in_force

(a) Upon request by a person who has an acquired brain injury, an intellectual disability, or a developmental disability, or by a parent or guardian of a minor, or a conservator of a person with the injury or disability, when the department issues or renews a driver license or photo identification license to the person, the driver license or photo identification license shall have language or a symbol designed by the department, that indicates the person has an acquired brain injury, an intellectual disability, or a developmental disability. The language or symbol shall be displayed clearly on the license. (b) A person who elects to have language or a symbol indicating an acquired brain injury, an intellectual disability, or a developmental disability on the person's license at the time of issuance, renewal, or reissue shall pay the required license fee, check a box on the application stating the person has an acquired brain injury, an intellectual disability, or a developmental disability, and provide proof of a diagnosis by a licensed medical doctor, psychiatrist, psychologist or senior psychological examiner, or neurologist of the acquired brain injury, intellectual disability, or developmental disability. (c) A person who elects to have the acquired brain injury, intellectual disability, or developmental disability designation added to the person's license may opt out of participation at any time. If a change is sought outside the normal renewal schedule, the person shall bear the associated costs, consistent with established fees applicable to reissuance of licenses. (d) For purposes of this section: (1) "Acquired brain injury" means an alteration in brain function or other evidence of brain pathology; and (2) "Developmental disability" and "intellectual disability" have the same meanings as defined in § 33-1-101 . Acts 2018, ch. 981, § 1.
(a) Upon request by a person who has an acquired brain injury, an intellectual disability, or a developmental disability, or by a parent or guardian of a minor, or a conservator of a person with the injury or disability, when the department issues or renews a driver license or photo identification license to the person, the driver license or photo identification license shall have language or a symbol designed by the department, that indicates the person has an acquired brain injury, an intellectual disability, or a developmental disability. The language or symbol shall be displayed clearly on the license.
(b) A person who elects to have language or a symbol indicating an acquired brain injury, an intellectual disability, or a developmental disability on the person's license at the time of issuance, renewal, or reissue shall pay the required license fee, check a box on the application stating the person has an acquired brain injury, an intellectual disability, or a developmental disability, and provide proof of a diagnosis by a licensed medical doctor, psychiatrist, psychologist or senior psychological examiner, or neurologist of the acquired brain injury, intellectual disability, or developmental disability.
(c) A person who elects to have the acquired brain injury, intellectual disability, or developmental disability designation added to the person's license may opt out of participation at any time. If a change is sought outside the normal renewal schedule, the person shall bear the associated costs, consistent with established fees applicable to reissuance of licenses.
(d) For purposes of this section: (1) "Acquired brain injury" means an alteration in brain function or other evidence of brain pathology; and (2) "Developmental disability" and "intellectual disability" have the same meanings as defined in § 33-1-101 .
(1) "Acquired brain injury" means an alteration in brain function or other evidence of brain pathology; and
(2) "Developmental disability" and "intellectual disability" have the same meanings as defined in § 33-1-101 .
Acts 2018, ch. 981, § 1.
Tenn. Code Ann. § 55-2-102 — TN Code / Title 55 / Chapter 2 / Section 55-2-102
Appointment of subordinates by commissioner - Police powers of employees of special investigations section - Salaries
Status: in_force

(a) The commissioner shall appoint deputies, subordinate officers, clerks, investigators, and other employees who may be necessary to carry out chapters 1 - 6 of this title. (b) Employees of the special investigations section who have been designated by the commissioner to enforce chapters 2-6 of this title, except as otherwise provided in chapter 5 of this title, are cloaked with all such necessary police powers as will enable them to properly perform their duties under this title, including, but not limited to, the right to make arrests, serve criminal warrants and subpoenas for witnesses, and go armed and carry a pistol while on active duty enforcing chapters 2 - 6 of this title. (c) The salaries of appointees shall be fixed by the commissioner, subject to the approval of the commissioner of human resources. Amended by 2015 Tenn. Acts, ch. 294, s 1, eff. 4/24/2015. Acts 1951, ch. 70, § 17 (Williams, § 5538.117); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, § 4; T.C.A. (orig. ed.), § 59-202.
(a) The commissioner shall appoint deputies, subordinate officers, clerks, investigators, and other employees who may be necessary to carry out chapters 1 - 6 of this title.
(b) Employees of the special investigations section who have been designated by the commissioner to enforce chapters 2-6 of this title, except as otherwise provided in chapter 5 of this title, are cloaked with all such necessary police powers as will enable them to properly perform their duties under this title, including, but not limited to, the right to make arrests, serve criminal warrants and subpoenas for witnesses, and go armed and carry a pistol while on active duty enforcing chapters 2 - 6 of this title.
(c) The salaries of appointees shall be fixed by the commissioner, subject to the approval of the commissioner of human resources.
Amended by 2015 Tenn. Acts, ch. 294, s 1, eff. 4/24/2015.
Acts 1951, ch. 70, § 17 (Williams, § 5538.117); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, § 4; T.C.A. (orig. ed.), § 59-202.
Tenn. Code Ann. § 55-10-430 — TN Code / Title 55 / Chapter 10 / Section 55-10-430
Ben Kredich Act - Opioid antagonist and impaired driving - Notification to individuals of risk associated with opioid antagonist by first responders
Status: in_force

(a) For the purpose of proving a violation of § 55-10-401(1) , evidence that the person was suspected to be impaired secondary to the sedative or otherwise intoxicating effects of a controlled substance, as defined in § 39-17-402 , and was administered within twenty-four (24) hours prior to the time of the alleged violation, an opioid antagonist, as defined in § 63-1-152 , for an opioid-related overdose creates a presumption that the defendant's ability to drive was sufficiently impaired by the controlled substance that caused the opioid-related overdose to constitute a violation of § 55-10-401(1) . (b) A first responder who administers an opioid antagonist to an individual experiencing an opioid-related overdose may provide information on the risks associated with driving for a twenty-four-hour period following administration, in an effort to ensure that the individual is informed of the potential dangers and legal responsibilities. Added by 2024 Tenn. Acts, ch. 1039,s 2, eff. 7/1/2024.
(a) For the purpose of proving a violation of § 55-10-401(1) , evidence that the person was suspected to be impaired secondary to the sedative or otherwise intoxicating effects of a controlled substance, as defined in § 39-17-402 , and was administered within twenty-four (24) hours prior to the time of the alleged violation, an opioid antagonist, as defined in § 63-1-152 , for an opioid-related overdose creates a presumption that the defendant's ability to drive was sufficiently impaired by the controlled substance that caused the opioid-related overdose to constitute a violation of § 55-10-401(1) .
(b) A first responder who administers an opioid antagonist to an individual experiencing an opioid-related overdose may provide information on the risks associated with driving for a twenty-four-hour period following administration, in an effort to ensure that the individual is informed of the potential dangers and legal responsibilities.
Added by 2024 Tenn. Acts, ch. 1039,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 55-12-111 — TN Code / Title 55 / Chapter 12 / Section 55-12-111
Self-insurers
Status: in_force

(a) Any person in whose name more than twenty-five (25) vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner as provided in subsection (c). (b) Any recognized religious sect or division having established tenets or teachings and that has been in existence at all times since December 31, 1950, may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner as provided in subsection (c) if the department determines that all of the following conditions are met: (1) Members of the religious sect or division operate more than twenty-five (25) motor vehicles that are registered in this state and are either owned or leased by them; (2) The members hold a common belief in mutual financial assistance in time of need to the extent that they share in financial obligations of other members who would otherwise be unable to meet their obligations; (3) The religious sect or division is financially solvent and not subject to any actions in bankruptcy, trusteeship, receivership or any other court proceeding in which the sect or division's financial solvency is in question; (4) Neither the religious sect or division nor any of its participating members has any judgments arising out of the operation, maintenance or use of a motor vehicle taken against them that have remained unsatisfied for more than thirty (30) days after becoming final; and (5) There are no other factors that cause the department to believe that the religious sect or division and its members are not of sufficient financial ability to pay judgments taken against them. (c) The commissioner has the discretion, upon the application of the person or religious sect or division, to issue a certificate of self-insurance when satisfied that the person or religious sect or division is possessed and will continue to be possessed of an ability to pay any judgments that might be rendered against the person or religious sect or division. (d) The commissioner may, at any time after the issuance of a certificate of self-insurance, cancel the certificate by giving thirty (30) days' written notice of cancellation should there be reason to believe that the person or religious sect or division to whom this certificate was issued is no longer qualified as a self-insurer under this section. Acts 1977, ch. 446, § 11; T.C.A., § 59-1261; Acts 2002, ch. 549, § 1.
(a) Any person in whose name more than twenty-five (25) vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner as provided in subsection (c).
(b) Any recognized religious sect or division having established tenets or teachings and that has been in existence at all times since December 31, 1950, may qualify as a self-insurer by obtaining a certificate of self-insurance from the commissioner as provided in subsection (c) if the department determines that all of the following conditions are met: (1) Members of the religious sect or division operate more than twenty-five (25) motor vehicles that are registered in this state and are either owned or leased by them; (2) The members hold a common belief in mutual financial assistance in time of need to the extent that they share in financial obligations of other members who would otherwise be unable to meet their obligations; (3) The religious sect or division is financially solvent and not subject to any actions in bankruptcy, trusteeship, receivership or any other court proceeding in which the sect or division's financial solvency is in question; (4) Neither the religious sect or division nor any of its participating members has any judgments arising out of the operation, maintenance or use of a motor vehicle taken against them that have remained unsatisfied for more than thirty (30) days after becoming final; and (5) There are no other factors that cause the department to believe that the religious sect or division and its members are not of sufficient financial ability to pay judgments taken against them.
(1) Members of the religious sect or division operate more than twenty-five (25) motor vehicles that are registered in this state and are either owned or leased by them;
(2) The members hold a common belief in mutual financial assistance in time of need to the extent that they share in financial obligations of other members who would otherwise be unable to meet their obligations;
(3) The religious sect or division is financially solvent and not subject to any actions in bankruptcy, trusteeship, receivership or any other court proceeding in which the sect or division's financial solvency is in question;
(4) Neither the religious sect or division nor any of its participating members has any judgments arising out of the operation, maintenance or use of a motor vehicle taken against them that have remained unsatisfied for more than thirty (30) days after becoming final; and
(5) There are no other factors that cause the department to believe that the religious sect or division and its members are not of sufficient financial ability to pay judgments taken against them.
(c) The commissioner has the discretion, upon the application of the person or religious sect or division, to issue a certificate of self-insurance when satisfied that the person or religious sect or division is possessed and will continue to be possessed of an ability to pay any judgments that might be rendered against the person or religious sect or division.
(d) The commissioner may, at any time after the issuance of a certificate of self-insurance, cancel the certificate by giving thirty (30) days' written notice of cancellation should there be reason to believe that the person or religious sect or division to whom this certificate was issued is no longer qualified as a self-insurer under this section.
Acts 1977, ch. 446, § 11; T.C.A., § 59-1261; Acts 2002, ch. 549, § 1.
Tenn. Code Ann. § 55-9-105 — TN Code / Title 55 / Chapter 9 / Section 55-9-105
Televisions in motor vehicles - Operation or installation - Applicability - Violations
Status: in_force

(a) A person shall not operate a motor vehicle with a television receiver, a video monitor, or a television or video screen capable of displaying a television broadcast or video signal that produces entertainment or business applications, if the receiver, monitor or screen is intended to display images visible to the driver in a normal position when the vehicle is in motion. (b) A person shall not install in a motor vehicle a television receiver, a video monitor, or a television or video screen capable of displaying a television broadcast or video signal that produces entertainment or business applications, if the receiver, monitor or screen is intended to display images visible to the driver in a normal position when the vehicle is in motion. (c) The prohibitions contained in this section shall not apply to: (1) The following equipment when installed in a motor vehicle: (A) A vehicle information display; (B) A navigation or global positioning display; (C) A visual display used to enhance or supplement the driver's view forward, behind, or to the sides of a motor vehicle; or (D) A television receiver, video monitor, television or video screen or any other similar means of visually displaying a television broadcast or video signal, if the equipment is designed to prevent the driver from viewing the entertainment or business application when the motor vehicle is being driven; (2) Television receivers or monitors used in government-owned vehicles by law enforcement officers in the course of their official duties; (3) A wireless telephone or communication device when used for placing or receiving a telephone call or to access a navigation or global positioning display; (4) Electronic monitors or displays used to monitor livestock being transported; (5) (A) Computer or other electronic displays or monitors used in utility vehicles by employees of the utility in the course of their official duties; provided, however, that use shall be permitted only while the vehicle is stopped, standing or parked; (B) As used in subdivision (c)(5)(A), "utility" means any person, municipality, county, metropolitan government, cooperative, board, commission, district, or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, waste water services, telephone service or any combination thereof, for sale to consumers in any particular service area; and (C) As used in subdivision (c)(5)(B), "cooperative" means any cooperative providing utility services, including, but not limited to, electric or telephone services, or both; or (6) (A) When a motor vehicle's autonomous technology is engaged, an operator may use an integrated electronic display for communication, information, and other uses enabled by the display; provided, that the display is integrated with the vehicle such that it operates and functions in coordination with such autonomous technology and disables automatically any moving images visible to the motor vehicle operator when the autonomous technology is disengaged; (B) As used in subdivision (c)(6)(A), "autonomous technology" means technology installed on a motor vehicle that has the capability to drive the motor vehicle without the active physical control or monitoring by a human operator. (d) This section does not apply to local, state or federal law enforcement officers who are engaged in the performance of their official duties. (e) A violation of this section is a Class C misdemeanor. Amended by 2016 Tenn. Acts, ch. 927,s 2, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 629,Secs.s1, s2, s3 eff. 3/22/2016. Acts 1955, ch. 40, §§ 1, 2; T.C.A., § 59-927; Acts 1989, ch. 591, § 113; 1992, ch. 597, § 1; 1994, ch. 877, § 1; 2001, ch. 2, § 1; 2002, ch. 524, § 1; 2007, ch. 7, § 1.
(a) A person shall not operate a motor vehicle with a television receiver, a video monitor, or a television or video screen capable of displaying a television broadcast or video signal that produces entertainment or business applications, if the receiver, monitor or screen is intended to display images visible to the driver in a normal position when the vehicle is in motion.
(b) A person shall not install in a motor vehicle a television receiver, a video monitor, or a television or video screen capable of displaying a television broadcast or video signal that produces entertainment or business applications, if the receiver, monitor or screen is intended to display images visible to the driver in a normal position when the vehicle is in motion.
(c) The prohibitions contained in this section shall not apply to: (1) The following equipment when installed in a motor vehicle: (A) A vehicle information display; (B) A navigation or global positioning display; (C) A visual display used to enhance or supplement the driver's view forward, behind, or to the sides of a motor vehicle; or (D) A television receiver, video monitor, television or video screen or any other similar means of visually displaying a television broadcast or video signal, if the equipment is designed to prevent the driver from viewing the entertainment or business application when the motor vehicle is being driven; (2) Television receivers or monitors used in government-owned vehicles by law enforcement officers in the course of their official duties; (3) A wireless telephone or communication device when used for placing or receiving a telephone call or to access a navigation or global positioning display; (4) Electronic monitors or displays used to monitor livestock being transported; (5) (A) Computer or other electronic displays or monitors used in utility vehicles by employees of the utility in the course of their official duties; provided, however, that use shall be permitted only while the vehicle is stopped, standing or parked; (B) As used in subdivision (c)(5)(A), "utility" means any person, municipality, county, metropolitan government, cooperative, board, commission, district, or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, waste water services, telephone service or any combination thereof, for sale to consumers in any particular service area; and (C) As used in subdivision (c)(5)(B), "cooperative" means any cooperative providing utility services, including, but not limited to, electric or telephone services, or both; or (6) (A) When a motor vehicle's autonomous technology is engaged, an operator may use an integrated electronic display for communication, information, and other uses enabled by the display; provided, that the display is integrated with the vehicle such that it operates and functions in coordination with such autonomous technology and disables automatically any moving images visible to the motor vehicle operator when the autonomous technology is disengaged; (B) As used in subdivision (c)(6)(A), "autonomous technology" means technology installed on a motor vehicle that has the capability to drive the motor vehicle without the active physical control or monitoring by a human operator.
(1) The following equipment when installed in a motor vehicle: (A) A vehicle information display; (B) A navigation or global positioning display; (C) A visual display used to enhance or supplement the driver's view forward, behind, or to the sides of a motor vehicle; or (D) A television receiver, video monitor, television or video screen or any other similar means of visually displaying a television broadcast or video signal, if the equipment is designed to prevent the driver from viewing the entertainment or business application when the motor vehicle is being driven;
(A) A vehicle information display;
(B) A navigation or global positioning display;
(C) A visual display used to enhance or supplement the driver's view forward, behind, or to the sides of a motor vehicle; or
(D) A television receiver, video monitor, television or video screen or any other similar means of visually displaying a television broadcast or video signal, if the equipment is designed to prevent the driver from viewing the entertainment or business application when the motor vehicle is being driven;
(2) Television receivers or monitors used in government-owned vehicles by law enforcement officers in the course of their official duties;
(3) A wireless telephone or communication device when used for placing or receiving a telephone call or to access a navigation or global positioning display;
(4) Electronic monitors or displays used to monitor livestock being transported;
(5) (A) Computer or other electronic displays or monitors used in utility vehicles by employees of the utility in the course of their official duties; provided, however, that use shall be permitted only while the vehicle is stopped, standing or parked; (B) As used in subdivision (c)(5)(A), "utility" means any person, municipality, county, metropolitan government, cooperative, board, commission, district, or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, waste water services, telephone service or any combination thereof, for sale to consumers in any particular service area; and (C) As used in subdivision (c)(5)(B), "cooperative" means any cooperative providing utility services, including, but not limited to, electric or telephone services, or both; or
(A) Computer or other electronic displays or monitors used in utility vehicles by employees of the utility in the course of their official duties; provided, however, that use shall be permitted only while the vehicle is stopped, standing or parked;
(B) As used in subdivision (c)(5)(A), "utility" means any person, municipality, county, metropolitan government, cooperative, board, commission, district, or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, waste water services, telephone service or any combination thereof, for sale to consumers in any particular service area; and
(C) As used in subdivision (c)(5)(B), "cooperative" means any cooperative providing utility services, including, but not limited to, electric or telephone services, or both; or
(6) (A) When a motor vehicle's autonomous technology is engaged, an operator may use an integrated electronic display for communication, information, and other uses enabled by the display; provided, that the display is integrated with the vehicle such that it operates and functions in coordination with such autonomous technology and disables automatically any moving images visible to the motor vehicle operator when the autonomous technology is disengaged; (B) As used in subdivision (c)(6)(A), "autonomous technology" means technology installed on a motor vehicle that has the capability to drive the motor vehicle without the active physical control or monitoring by a human operator.
(A) When a motor vehicle's autonomous technology is engaged, an operator may use an integrated electronic display for communication, information, and other uses enabled by the display; provided, that the display is integrated with the vehicle such that it operates and functions in coordination with such autonomous technology and disables automatically any moving images visible to the motor vehicle operator when the autonomous technology is disengaged;
(B) As used in subdivision (c)(6)(A), "autonomous technology" means technology installed on a motor vehicle that has the capability to drive the motor vehicle without the active physical control or monitoring by a human operator.
(d) This section does not apply to local, state or federal law enforcement officers who are engaged in the performance of their official duties.
(e) A violation of this section is a Class C misdemeanor.
Amended by 2016 Tenn. Acts, ch. 927,s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 629,Secs.s1, s2, s3 eff. 3/22/2016.
Acts 1955, ch. 40, §§ 1, 2; T.C.A., § 59-927; Acts 1989, ch. 591, § 113; 1992, ch. 597, § 1; 1994, ch. 877, § 1; 2001, ch. 2, § 1; 2002, ch. 524, § 1; 2007, ch. 7, § 1.
Tenn. Code Ann. § 55-3-117 — TN Code / Title 55 / Chapter 3 / Section 55-3-117
Rules and regulations governing change of motors
Status: in_force

The commissioner is authorized to adopt and enforce reasonable rules and regulations as may be deemed necessary and compatible with the public interest with respect to the change or substitution of one (1) engine in place of another in any motor vehicle. Acts 1951, ch. 70, § 39 (Williams, § 5538.139); T.C.A. (orig. ed.), § 59-318.
The commissioner is authorized to adopt and enforce reasonable rules and regulations as may be deemed necessary and compatible with the public interest with respect to the change or substitution of one (1) engine in place of another in any motor vehicle.
Acts 1951, ch. 70, § 39 (Williams, § 5538.139); T.C.A. (orig. ed.), § 59-318.
Tenn. Code Ann. § 55-10-417 — TN Code / Title 55 / Chapter 10 / Section 55-10-417
Ignition interlock devices
Status: in_force

(a) (1) (A) A court may order the installation and use of an ignition interlock device for any conviction of § 55-10-401 , if the driver's license is no longer suspended or revoked or the driver does not have a prior conviction as defined in § 55-10-405 . The restriction may apply for up to one (1) year after the person's license is reinstated. (B) The provisions of this subdivision (a)(1), authorizing the court to order an ignition interlock device for a violation of § 55-10-401 , shall only apply when the court is not otherwise required to order an ignition interlock device by this part. (2) If a person is convicted of a first offense of § 55-10-401 , and the person is not required to operate only a motor vehicle with an ignition interlock device pursuant to § 55-10-409(b)(2)(B) , and the person is otherwise eligible for a restricted license pursuant to § 55-10-409(b)(1)(A)(i) , such person may request and the court may order the installation and use of an ignition interlock device in lieu of geographic restrictions or additional limitations on the restricted license. A person so requesting shall pay all costs associated with the ignition interlock device and no funds from the electronic monitoring indigency fund shall be used to pay any cost associated with the device, regardless of whether or not the person is indigent. (3) If a person is ordered to install and use the device due to the requirements of § 55-10-409 or subdivision (a)(1) or (a)(2) due to a violation of either § 55-10-401 or § 55-10-406 , then the restriction must be a condition of probation or supervision for the entire period of the restriction. (b) Upon ordering a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1) or (a)(2), the court must establish a specific calibration setting of two-hundredths of one percent (0.02%) blood alcohol concentration at which the functioning ignition interlock device will prevent the motor vehicle from being started. (c) Upon ordering the use of a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1) or (a)(2), the court must: (1) State on the record the requirement for and the period of use of the device and so notify the department of safety; (2) Notify the department of corrections, the department of safety or any other agency, department, program, group, private entity or association that is responsible for the supervision of the person ordered to drive only a motor vehicle with a functioning ignition interlock device; (3) Direct that the records of the department reflect that the person may not operate a motor vehicle that is not equipped with a functioning ignition interlock device; and (4) Direct the department to attach or imprint a notation on the motor vehicle operator's license of any person restricted under this section, stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device. (d) Upon the court ordering a person to operate only a motor vehicle equipped with a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1), the court, the department of correction or any other agency, department, program, group, private entity or association that is responsible for the supervision of such person shall: (1) Require proof of the installation of the functioning ignition interlock device on at least one (1) motor vehicle operated by such person; (2) Require periodic reporting by the person for verification of the proper operation of the functioning ignition interlock device; (3) Require the person to have the system monitored for proper use and accuracy by an entity approved by the department of safety at least every thirty (30) days, or more frequently as the circumstances may require; and (4) Notify the court of any of the person's violations of this part. (e) (1) If a person is ordered to drive only a motor vehicle with a functioning ignition interlock device, and such person owns or operates more than one (1) motor vehicle, the court shall also order the person to elect a motor vehicle such person will operate exclusively during the interlock period and order the device to be installed on such motor vehicle prior to applying for a motor vehicle operator's license of any kind and shall show proof of such installation and operation of such device at the time of making application for a motor vehicle operator's license to the department of safety or to the court. A person may elect to have a functioning interlock device installed on more than one (1) motor vehicle. (2) If the motor vehicle that the person has elected to exclusively operate during the interlock period is no longer being used by such person, the person shall have any replacement motor vehicle exclusively used by such person installed with a functioning ignition interlock device and notify the department of safety and any agency, department, program, group, private entity or association that is responsible for the supervision of such person. (f) A person prohibited under this part from operating a motor vehicle that is not equipped with a functioning ignition interlock device shall not solicit or have another person attempt to start or start a motor vehicle equipped with such a device. (g) A person shall not attempt to start or start a motor vehicle equipped with a functioning ignition interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited under this section from operating a motor vehicle that is not equipped with a functioning ignition interlock device. (h) No person shall: (1) Tamper with, or in any way attempt to circumvent, the operation of a functioning ignition interlock device that has been installed in a motor vehicle; (2) Operate a motor vehicle that is not equipped with a functioning ignition interlock device when the person has been ordered by the court or required by statute to only operate a vehicle equipped with such an interlock device; or (3) Operate a motor vehicle outside the geographic limitations or during restricted times when geographic or time restrictions are ordered by the court. (i) A person shall not knowingly provide a motor vehicle not equipped with a functioning ignition interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with a functioning ignition interlock device. (j) (1) Except as provided in subdivision (j)(5), a person who violates subsection (f), (g), (h), or (i) commits a Class A misdemeanor. (2) If the violation is the person's first violation, the person shall be sentenced to a minimum of forty-eight (48) hours of incarceration. (3) If the violation is the person's second violation, the person shall be sentenced to a minimum of seventy-two (72) hours of incarceration. (4) If the violation is the person's third or subsequent violation, the person shall be sentenced to a minimum of seven (7) consecutive days of incarceration. (5) The penalty provisions of this subsection (j) shall not apply if the starting of a motor vehicle equipped with a functioning ignition interlock device, or the request to start a motor vehicle equipped with a functioning ignition interlock device, is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the court order does not operate the vehicle. (6) A person who is convicted for a violation of subdivision (h)(2) shall be required to complete an additional consecutive three-hundred-sixty-five-day ignition interlock usage period as provided in § 55-10-425 , regardless of whether the person has already completed an ignition interlock usage period for the underlying violation of § 55-10-401 . (k) A person who was required under this subsection (k), as it existed on June 30, 2022, to install and use an ignition interlock device on a motor vehicle for six (6) months following reinstatement of the person's driver license after two (2) or more convictions for § 55-10-401 within five (5) years, may petition the department for reinstatement of the person's driver license. 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 must reinstate the driver license. (l) If a person is required by a court order issued pursuant to this section, by 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, and the offense for which the ignition interlock device is ordered occurs on or after July 1, 2016, then the compliance-based provisions of § 55-10-425 must govern the required periods of continuous operation, default interlock orders, authorized removal of the device, and other enforcement aspects of the ignition interlock requirements set out in § 55-10-425 . (m) ln addition to all other fines, fees, costs, and punishments now prescribed by law, upon ordering the use of a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1) or (a)(2), the court shall assess a one-time electronic monitoring initial use fee of twelve dollars ($12.00) if the person has not previously been ordered by a court of this state to use an ignition interlock or other electronic monitoring device. All proceeds collected pursuant to this subsection (m) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419 . Amended by 2022 Tenn. Acts, ch. 964, Secs.s5, s6, s7, s8, s9, s10, s24, eff. 7/1/2022 and s25 eff. 1/1/2023. Amended by 2022 Tenn. Acts, ch. 964, s 4, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 1046, s 6, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 993, s 7, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 888, s 4, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 888, s 3, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 587, Secs.s 3, s 4, s 5 eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 344, s 12, eff. 5/13/2013. Amended by 2013 Tenn. Acts, ch. 154, s 16, eff. 7/1/2013. Acts 1996, ch. 910, § 8.
(a) (1) (A) A court may order the installation and use of an ignition interlock device for any conviction of § 55-10-401 , if the driver's license is no longer suspended or revoked or the driver does not have a prior conviction as defined in § 55-10-405 . The restriction may apply for up to one (1) year after the person's license is reinstated. (B) The provisions of this subdivision (a)(1), authorizing the court to order an ignition interlock device for a violation of § 55-10-401 , shall only apply when the court is not otherwise required to order an ignition interlock device by this part. (2) If a person is convicted of a first offense of § 55-10-401 , and the person is not required to operate only a motor vehicle with an ignition interlock device pursuant to § 55-10-409(b)(2)(B) , and the person is otherwise eligible for a restricted license pursuant to § 55-10-409(b)(1)(A)(i) , such person may request and the court may order the installation and use of an ignition interlock device in lieu of geographic restrictions or additional limitations on the restricted license. A person so requesting shall pay all costs associated with the ignition interlock device and no funds from the electronic monitoring indigency fund shall be used to pay any cost associated with the device, regardless of whether or not the person is indigent. (3) If a person is ordered to install and use the device due to the requirements of § 55-10-409 or subdivision (a)(1) or (a)(2) due to a violation of either § 55-10-401 or § 55-10-406 , then the restriction must be a condition of probation or supervision for the entire period of the restriction.
(1) (A) A court may order the installation and use of an ignition interlock device for any conviction of § 55-10-401 , if the driver's license is no longer suspended or revoked or the driver does not have a prior conviction as defined in § 55-10-405 . The restriction may apply for up to one (1) year after the person's license is reinstated. (B) The provisions of this subdivision (a)(1), authorizing the court to order an ignition interlock device for a violation of § 55-10-401 , shall only apply when the court is not otherwise required to order an ignition interlock device by this part.
(A) A court may order the installation and use of an ignition interlock device for any conviction of § 55-10-401 , if the driver's license is no longer suspended or revoked or the driver does not have a prior conviction as defined in § 55-10-405 . The restriction may apply for up to one (1) year after the person's license is reinstated.
(B) The provisions of this subdivision (a)(1), authorizing the court to order an ignition interlock device for a violation of § 55-10-401 , shall only apply when the court is not otherwise required to order an ignition interlock device by this part.
(2) If a person is convicted of a first offense of § 55-10-401 , and the person is not required to operate only a motor vehicle with an ignition interlock device pursuant to § 55-10-409(b)(2)(B) , and the person is otherwise eligible for a restricted license pursuant to § 55-10-409(b)(1)(A)(i) , such person may request and the court may order the installation and use of an ignition interlock device in lieu of geographic restrictions or additional limitations on the restricted license. A person so requesting shall pay all costs associated with the ignition interlock device and no funds from the electronic monitoring indigency fund shall be used to pay any cost associated with the device, regardless of whether or not the person is indigent.
(3) If a person is ordered to install and use the device due to the requirements of § 55-10-409 or subdivision (a)(1) or (a)(2) due to a violation of either § 55-10-401 or § 55-10-406 , then the restriction must be a condition of probation or supervision for the entire period of the restriction.
(b) Upon ordering a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1) or (a)(2), the court must establish a specific calibration setting of two-hundredths of one percent (0.02%) blood alcohol concentration at which the functioning ignition interlock device will prevent the motor vehicle from being started.
(c) Upon ordering the use of a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1) or (a)(2), the court must: (1) State on the record the requirement for and the period of use of the device and so notify the department of safety; (2) Notify the department of corrections, the department of safety or any other agency, department, program, group, private entity or association that is responsible for the supervision of the person ordered to drive only a motor vehicle with a functioning ignition interlock device; (3) Direct that the records of the department reflect that the person may not operate a motor vehicle that is not equipped with a functioning ignition interlock device; and (4) Direct the department to attach or imprint a notation on the motor vehicle operator's license of any person restricted under this section, stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device.
(1) State on the record the requirement for and the period of use of the device and so notify the department of safety;
(2) Notify the department of corrections, the department of safety or any other agency, department, program, group, private entity or association that is responsible for the supervision of the person ordered to drive only a motor vehicle with a functioning ignition interlock device;
(3) Direct that the records of the department reflect that the person may not operate a motor vehicle that is not equipped with a functioning ignition interlock device; and
(4) Direct the department to attach or imprint a notation on the motor vehicle operator's license of any person restricted under this section, stating that the person may operate only a motor vehicle equipped with a functioning ignition interlock device.
(d) Upon the court ordering a person to operate only a motor vehicle equipped with a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1), the court, the department of correction or any other agency, department, program, group, private entity or association that is responsible for the supervision of such person shall: (1) Require proof of the installation of the functioning ignition interlock device on at least one (1) motor vehicle operated by such person; (2) Require periodic reporting by the person for verification of the proper operation of the functioning ignition interlock device; (3) Require the person to have the system monitored for proper use and accuracy by an entity approved by the department of safety at least every thirty (30) days, or more frequently as the circumstances may require; and (4) Notify the court of any of the person's violations of this part.
(1) Require proof of the installation of the functioning ignition interlock device on at least one (1) motor vehicle operated by such person;
(2) Require periodic reporting by the person for verification of the proper operation of the functioning ignition interlock device;
(3) Require the person to have the system monitored for proper use and accuracy by an entity approved by the department of safety at least every thirty (30) days, or more frequently as the circumstances may require; and
(4) Notify the court of any of the person's violations of this part.
(e) (1) If a person is ordered to drive only a motor vehicle with a functioning ignition interlock device, and such person owns or operates more than one (1) motor vehicle, the court shall also order the person to elect a motor vehicle such person will operate exclusively during the interlock period and order the device to be installed on such motor vehicle prior to applying for a motor vehicle operator's license of any kind and shall show proof of such installation and operation of such device at the time of making application for a motor vehicle operator's license to the department of safety or to the court. A person may elect to have a functioning interlock device installed on more than one (1) motor vehicle. (2) If the motor vehicle that the person has elected to exclusively operate during the interlock period is no longer being used by such person, the person shall have any replacement motor vehicle exclusively used by such person installed with a functioning ignition interlock device and notify the department of safety and any agency, department, program, group, private entity or association that is responsible for the supervision of such person.
(1) If a person is ordered to drive only a motor vehicle with a functioning ignition interlock device, and such person owns or operates more than one (1) motor vehicle, the court shall also order the person to elect a motor vehicle such person will operate exclusively during the interlock period and order the device to be installed on such motor vehicle prior to applying for a motor vehicle operator's license of any kind and shall show proof of such installation and operation of such device at the time of making application for a motor vehicle operator's license to the department of safety or to the court. A person may elect to have a functioning interlock device installed on more than one (1) motor vehicle.
(2) If the motor vehicle that the person has elected to exclusively operate during the interlock period is no longer being used by such person, the person shall have any replacement motor vehicle exclusively used by such person installed with a functioning ignition interlock device and notify the department of safety and any agency, department, program, group, private entity or association that is responsible for the supervision of such person.
(f) A person prohibited under this part from operating a motor vehicle that is not equipped with a functioning ignition interlock device shall not solicit or have another person attempt to start or start a motor vehicle equipped with such a device.
(g) A person shall not attempt to start or start a motor vehicle equipped with a functioning ignition interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited under this section from operating a motor vehicle that is not equipped with a functioning ignition interlock device.
(h) No person shall: (1) Tamper with, or in any way attempt to circumvent, the operation of a functioning ignition interlock device that has been installed in a motor vehicle; (2) Operate a motor vehicle that is not equipped with a functioning ignition interlock device when the person has been ordered by the court or required by statute to only operate a vehicle equipped with such an interlock device; or (3) Operate a motor vehicle outside the geographic limitations or during restricted times when geographic or time restrictions are ordered by the court.
(1) Tamper with, or in any way attempt to circumvent, the operation of a functioning ignition interlock device that has been installed in a motor vehicle;
(2) Operate a motor vehicle that is not equipped with a functioning ignition interlock device when the person has been ordered by the court or required by statute to only operate a vehicle equipped with such an interlock device; or
(3) Operate a motor vehicle outside the geographic limitations or during restricted times when geographic or time restrictions are ordered by the court.
(i) A person shall not knowingly provide a motor vehicle not equipped with a functioning ignition interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with a functioning ignition interlock device.
(j) (1) Except as provided in subdivision (j)(5), a person who violates subsection (f), (g), (h), or (i) commits a Class A misdemeanor. (2) If the violation is the person's first violation, the person shall be sentenced to a minimum of forty-eight (48) hours of incarceration. (3) If the violation is the person's second violation, the person shall be sentenced to a minimum of seventy-two (72) hours of incarceration. (4) If the violation is the person's third or subsequent violation, the person shall be sentenced to a minimum of seven (7) consecutive days of incarceration. (5) The penalty provisions of this subsection (j) shall not apply if the starting of a motor vehicle equipped with a functioning ignition interlock device, or the request to start a motor vehicle equipped with a functioning ignition interlock device, is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the court order does not operate the vehicle. (6) A person who is convicted for a violation of subdivision (h)(2) shall be required to complete an additional consecutive three-hundred-sixty-five-day ignition interlock usage period as provided in § 55-10-425 , regardless of whether the person has already completed an ignition interlock usage period for the underlying violation of § 55-10-401 .
(1) Except as provided in subdivision (j)(5), a person who violates subsection (f), (g), (h), or (i) commits a Class A misdemeanor.
(2) If the violation is the person's first violation, the person shall be sentenced to a minimum of forty-eight (48) hours of incarceration.
(3) If the violation is the person's second violation, the person shall be sentenced to a minimum of seventy-two (72) hours of incarceration.
(4) If the violation is the person's third or subsequent violation, the person shall be sentenced to a minimum of seven (7) consecutive days of incarceration.
(5) The penalty provisions of this subsection (j) shall not apply if the starting of a motor vehicle equipped with a functioning ignition interlock device, or the request to start a motor vehicle equipped with a functioning ignition interlock device, is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the court order does not operate the vehicle.
(6) A person who is convicted for a violation of subdivision (h)(2) shall be required to complete an additional consecutive three-hundred-sixty-five-day ignition interlock usage period as provided in § 55-10-425 , regardless of whether the person has already completed an ignition interlock usage period for the underlying violation of § 55-10-401 .
(k) A person who was required under this subsection (k), as it existed on June 30, 2022, to install and use an ignition interlock device on a motor vehicle for six (6) months following reinstatement of the person's driver license after two (2) or more convictions for § 55-10-401 within five (5) years, may petition the department for reinstatement of the person's driver license. 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 must reinstate the driver license.
(l) If a person is required by a court order issued pursuant to this section, by 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, and the offense for which the ignition interlock device is ordered occurs on or after July 1, 2016, then the compliance-based provisions of § 55-10-425 must govern the required periods of continuous operation, default interlock orders, authorized removal of the device, and other enforcement aspects of the ignition interlock requirements set out in § 55-10-425 .
(m) ln addition to all other fines, fees, costs, and punishments now prescribed by law, upon ordering the use of a functioning ignition interlock device pursuant to § 55-10-409 or subdivision (a)(1) or (a)(2), the court shall assess a one-time electronic monitoring initial use fee of twelve dollars ($12.00) if the person has not previously been ordered by a court of this state to use an ignition interlock or other electronic monitoring device. All proceeds collected pursuant to this subsection (m) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419 .
Amended by 2022 Tenn. Acts, ch. 964, Secs.s5, s6, s7, s8, s9, s10, s24, eff. 7/1/2022 and s25 eff. 1/1/2023.
Amended by 2022 Tenn. Acts, ch. 964, s 4, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 1046, s 6, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 993, s 7, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 888, s 4, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 888, s 3, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 587, Secs.s 3, s 4, s 5 eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 344, s 12, eff. 5/13/2013.
Amended by 2013 Tenn. Acts, ch. 154, s 16, eff. 7/1/2013.
Acts 1996, ch. 910, § 8.
Tenn. Code Ann. § 55-10-317 — TN Code / Title 55 / Chapter 10 / Section 55-10-317
Enforcement of traffic laws on certain privately owned streets
Status: in_force

Notwithstanding any other law to the contrary, an officer of any state, county, or municipal law enforcement agency that is charged with the responsibility of enforcing traffic laws may also enforce traffic laws, issue citations for violations thereof and impose fines in accordance with state law or county or municipal ordinance, as appropriate, on privately owned streets that are dedicated as rights-of-way for traffic and are located within a residential development having a combination of single family dwellings and multi-family dwellings. The enforcement of traffic laws within a private residential development shall be initiated only after the majority of residents in that development have submitted a written petition to the appropriate local governing body requesting the enforcement of traffic laws on the private street. If the local governing body approves the petition, the governing body shall establish the traffic laws in the development in the same manner as it does for public streets within its jurisdiction. Acts 1995, ch. 374, § 1.
Notwithstanding any other law to the contrary, an officer of any state, county, or municipal law enforcement agency that is charged with the responsibility of enforcing traffic laws may also enforce traffic laws, issue citations for violations thereof and impose fines in accordance with state law or county or municipal ordinance, as appropriate, on privately owned streets that are dedicated as rights-of-way for traffic and are located within a residential development having a combination of single family dwellings and multi-family dwellings. The enforcement of traffic laws within a private residential development shall be initiated only after the majority of residents in that development have submitted a written petition to the appropriate local governing body requesting the enforcement of traffic laws on the private street. If the local governing body approves the petition, the governing body shall establish the traffic laws in the development in the same manner as it does for public streets within its jurisdiction.
Acts 1995, ch. 374, § 1.
Tenn. Code Ann. § 55-21-105 — TN Code / Title 55 / Chapter 21 / Section 55-21-105
Parking privileges
Status: in_force

(a) Except as provided in § 12-10-109(e) , no state agency, county, city, town or other municipality or any agency thereof shall exact any fee for parking on any street or highway or in any metered parking space or in parking lots municipally owned or leased, or both municipally owned and leased, or a parking place owned or leased, or both owned and leased, by a municipal parking utility or authority. No state postsecondary education institution or any agent thereof shall exact any fee from any visitor to the institution, or from any visitor attending programs of the institution not for credit, for parking on any parking lot owned or leased by a state postsecondary education institution, or both owned and leased by a state postsecondary education institution. The parking privileges granted by this section are limited to any disabled driver or disabled passenger to whom the distinctive license plates or placards were issued, and to qualified operators acting under the express direction of a disabled passenger to whom the distinctive license plate or placards were issued, while the disabled person is a passenger in the motor vehicle. Any disabled veteran who qualifies for and receives a disabled veteran's license plate shall also be afforded the same privileges as granted to a disabled person who qualifies for and receives a disabled license plate or placard as provided for in § 55-21-103 . (b) (1) Any business, firm, or other person transacting business with the public from a permanent location shall provide specially marked parking spaces for the exclusive use of persons qualifying for the rights and privileges extended by this part. (2) The number of accessible parking spaces shall be: 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 or greater 9 (3) In addition, if there are no less than four (4) parking spaces designated with the wheelchair disabled sign or symbol of access, then at least one (1) of the parking spaces shall be van accessible, but if more than four (4) spaces are designated as disabled parking spaces, then at least two (2) spaces per eight (8) disabled parking spaces shall be van accessible. A van accessible parking space shall be at least eight feet (8') wide and shall have an adjacent access aisle that is at least eight feet (8') wide. (4) The access aisle shall be located on the passenger side of the parking space except that two (2) adjacent accessible parking spaces may share a common access aisle. (5) Van accessible parking spaces shall have an additional sign marked "Van Accessible - Priority for Wheelchair User" mounted below the sign required by subsection (c). The van accessible parking spaces may have an additional sign marked "Priority Should Be Given to Disabled Van Access. Other Disabled Vehicles Should Use Only If No Other Available Disabled Spaces" mounted below other required signs. Van accessible parking spaces are not restricted to disabled van access; provided, that disabled vehicles other than vans should not use van accessible parking spaces when another accessible disabled parking space is available. (c) Each such parking space must be marked and maintained with the stylized wheelchair symbol designated by § 55-21-104 , as that section existed on June 30, 2020; provided, that such parking spaces may, at the discretion of the owner, be marked with the symbol of access designated under § 55-21-104 , to the extent that such marking complies with federal law. The marking may be by a sign on a pole. Nonconforming markings or signs shall be acceptable during the useful life of the markings or signs, which may not be extended by other than normal maintenance as long as the markings or signs provide reasonable notice of the specially marked parking space. (d) The department is authorized to enter into reciprocal agreements with similar authorities in other states whereby holders of disabled license plates or distinguishing placards in those states may be granted the same parking privileges granted by this section. (e) (1) Any business, firm, or other person transacting business that provides specially marked parking spaces pursuant to this part shall also provide van-accessible parking spaces. Van-accessible parking spaces shall have an access aisle that is no less than ninety-six inches (96") to accommodate a wheelchair lift, have vertical clearance to accommodate van height at the van parking space and adjacent access aisle, and have an additional sign or marking identifying the parking space as van accessible. (2) This subsection (e) shall apply to businesses, firms, or persons conducting business with the public from a permanent location who provide specially marked parking spaces after April 24, 2006. Businesses, firms, or persons conducting business with the public from a permanent location who provide specially marked parking spaces on or before April 24, 2006, shall comply with this subsection (e) when it is readily achievable. For the purposes of this subsection (e), "readily achievable" means easily accomplishable and able to be carried out without considerable difficulty or expense. (3) A business, firm or person conducting business with the public from a permanent location who provides only one (1) specially marked parking space shall convert such specially marked parking space into a van-accessible parking space when such conversion is readily achievable. Amended by 2019 Tenn. Acts, ch. 112, s 6, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 112, s 5, eff. 7/1/2020. Amended by 2014 Tenn. Acts, ch. 634, s 2, eff. 4/4/2014. Acts 1975, ch. 163, § 5; T.C.A., § 59-2205; Acts 1981, ch. 101, § 4; 1983, ch. 25, § 1; 1986, ch. 791, §§ 9-11; 1988, ch. 601, §§ 1, 2; 1994, ch. 634, § 1; 2006, ch. 562, §§ 1, 2; 2007 , ch. 240, § 1; 2008 , ch. 956, § 1; 2011 , ch. 454, § 1.
(a) Except as provided in § 12-10-109(e) , no state agency, county, city, town or other municipality or any agency thereof shall exact any fee for parking on any street or highway or in any metered parking space or in parking lots municipally owned or leased, or both municipally owned and leased, or a parking place owned or leased, or both owned and leased, by a municipal parking utility or authority. No state postsecondary education institution or any agent thereof shall exact any fee from any visitor to the institution, or from any visitor attending programs of the institution not for credit, for parking on any parking lot owned or leased by a state postsecondary education institution, or both owned and leased by a state postsecondary education institution. The parking privileges granted by this section are limited to any disabled driver or disabled passenger to whom the distinctive license plates or placards were issued, and to qualified operators acting under the express direction of a disabled passenger to whom the distinctive license plate or placards were issued, while the disabled person is a passenger in the motor vehicle. Any disabled veteran who qualifies for and receives a disabled veteran's license plate shall also be afforded the same privileges as granted to a disabled person who qualifies for and receives a disabled license plate or placard as provided for in § 55-21-103 .
(b) (1) Any business, firm, or other person transacting business with the public from a permanent location shall provide specially marked parking spaces for the exclusive use of persons qualifying for the rights and privileges extended by this part. (2) The number of accessible parking spaces shall be: 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 or greater 9 (3) In addition, if there are no less than four (4) parking spaces designated with the wheelchair disabled sign or symbol of access, then at least one (1) of the parking spaces shall be van accessible, but if more than four (4) spaces are designated as disabled parking spaces, then at least two (2) spaces per eight (8) disabled parking spaces shall be van accessible. A van accessible parking space shall be at least eight feet (8') wide and shall have an adjacent access aisle that is at least eight feet (8') wide. (4) The access aisle shall be located on the passenger side of the parking space except that two (2) adjacent accessible parking spaces may share a common access aisle. (5) Van accessible parking spaces shall have an additional sign marked "Van Accessible - Priority for Wheelchair User" mounted below the sign required by subsection (c). The van accessible parking spaces may have an additional sign marked "Priority Should Be Given to Disabled Van Access. Other Disabled Vehicles Should Use Only If No Other Available Disabled Spaces" mounted below other required signs. Van accessible parking spaces are not restricted to disabled van access; provided, that disabled vehicles other than vans should not use van accessible parking spaces when another accessible disabled parking space is available.
(1) Any business, firm, or other person transacting business with the public from a permanent location shall provide specially marked parking spaces for the exclusive use of persons qualifying for the rights and privileges extended by this part.
(2) The number of accessible parking spaces shall be: 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 or greater 9
1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 or greater 9
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 or greater
9
(3) In addition, if there are no less than four (4) parking spaces designated with the wheelchair disabled sign or symbol of access, then at least one (1) of the parking spaces shall be van accessible, but if more than four (4) spaces are designated as disabled parking spaces, then at least two (2) spaces per eight (8) disabled parking spaces shall be van accessible. A van accessible parking space shall be at least eight feet (8') wide and shall have an adjacent access aisle that is at least eight feet (8') wide.
(4) The access aisle shall be located on the passenger side of the parking space except that two (2) adjacent accessible parking spaces may share a common access aisle.
(5) Van accessible parking spaces shall have an additional sign marked "Van Accessible - Priority for Wheelchair User" mounted below the sign required by subsection (c). The van accessible parking spaces may have an additional sign marked "Priority Should Be Given to Disabled Van Access. Other Disabled Vehicles Should Use Only If No Other Available Disabled Spaces" mounted below other required signs. Van accessible parking spaces are not restricted to disabled van access; provided, that disabled vehicles other than vans should not use van accessible parking spaces when another accessible disabled parking space is available.
(c) Each such parking space must be marked and maintained with the stylized wheelchair symbol designated by § 55-21-104 , as that section existed on June 30, 2020; provided, that such parking spaces may, at the discretion of the owner, be marked with the symbol of access designated under § 55-21-104 , to the extent that such marking complies with federal law. The marking may be by a sign on a pole. Nonconforming markings or signs shall be acceptable during the useful life of the markings or signs, which may not be extended by other than normal maintenance as long as the markings or signs provide reasonable notice of the specially marked parking space.
(d) The department is authorized to enter into reciprocal agreements with similar authorities in other states whereby holders of disabled license plates or distinguishing placards in those states may be granted the same parking privileges granted by this section.
(e) (1) Any business, firm, or other person transacting business that provides specially marked parking spaces pursuant to this part shall also provide van-accessible parking spaces. Van-accessible parking spaces shall have an access aisle that is no less than ninety-six inches (96") to accommodate a wheelchair lift, have vertical clearance to accommodate van height at the van parking space and adjacent access aisle, and have an additional sign or marking identifying the parking space as van accessible. (2) This subsection (e) shall apply to businesses, firms, or persons conducting business with the public from a permanent location who provide specially marked parking spaces after April 24, 2006. Businesses, firms, or persons conducting business with the public from a permanent location who provide specially marked parking spaces on or before April 24, 2006, shall comply with this subsection (e) when it is readily achievable. For the purposes of this subsection (e), "readily achievable" means easily accomplishable and able to be carried out without considerable difficulty or expense. (3) A business, firm or person conducting business with the public from a permanent location who provides only one (1) specially marked parking space shall convert such specially marked parking space into a van-accessible parking space when such conversion is readily achievable.
(1) Any business, firm, or other person transacting business that provides specially marked parking spaces pursuant to this part shall also provide van-accessible parking spaces. Van-accessible parking spaces shall have an access aisle that is no less than ninety-six inches (96") to accommodate a wheelchair lift, have vertical clearance to accommodate van height at the van parking space and adjacent access aisle, and have an additional sign or marking identifying the parking space as van accessible.
(2) This subsection (e) shall apply to businesses, firms, or persons conducting business with the public from a permanent location who provide specially marked parking spaces after April 24, 2006. Businesses, firms, or persons conducting business with the public from a permanent location who provide specially marked parking spaces on or before April 24, 2006, shall comply with this subsection (e) when it is readily achievable. For the purposes of this subsection (e), "readily achievable" means easily accomplishable and able to be carried out without considerable difficulty or expense.
(3) A business, firm or person conducting business with the public from a permanent location who provides only one (1) specially marked parking space shall convert such specially marked parking space into a van-accessible parking space when such conversion is readily achievable.
Amended by 2019 Tenn. Acts, ch. 112, s 6, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 112, s 5, eff. 7/1/2020.
Amended by 2014 Tenn. Acts, ch. 634, s 2, eff. 4/4/2014.
Acts 1975, ch. 163, § 5; T.C.A., § 59-2205; Acts 1981, ch. 101, § 4; 1983, ch. 25, § 1; 1986, ch. 791, §§ 9-11; 1988, ch. 601, §§ 1, 2; 1994, ch. 634, § 1; 2006, ch. 562, §§ 1, 2; 2007 , ch. 240, § 1; 2008 , ch. 956, § 1; 2011 , ch. 454, § 1.
Tenn. Code Ann. § 55-4-296 — TN Code / Title 55 / Chapter 4 / Section 55-4-296
Friends of Great Smoky Mountains
Status: in_force

(a) 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 a Friends of Great Smoky Mountains specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) . (b) (1) The funds produced from the sale of the Friends of Great Smoky Mountains specialty earmarked license plates shall be allocated in accordance with § 55-4-290 to the Friends of Great Smoky Mountains endowment fund established pursuant to subdivision (b)(2). Subject to subdivision (b)(3), the commissioner of finance and administration shall make disbursements of the funds on a quarterly basis to the Friends of Great Smoky Mountains, Inc. The funds shall be used exclusively for the assistance of the national park service in the care of the Great Smoky Mountains National Park. (2) There is established a general fund reserve to be allocated by the general appropriations act, which shall be known as the Friends of Great Smoky Mountains endowment fund. Moneys from the fund may be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues on interest earned by the revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from this reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. (3) No expenditure shall be made from the fund until the combination of principal and interest reaches one hundred thousand dollars ($100,000). Thereafter, the first fifty thousand dollars ($50,000) in revenues produced from the sale of the plates in each fiscal year shall be added to the principal, and all revenues produced from the sale of the plates in each fiscal year in excess of fifty thousand dollars ($50,000) and the earned interest of the fund shall be available for expenditures to aid in carrying out the purposes of the fund; provided, however, at such time as the principal of the fund reaches five hundred thousand dollars ($500,000), all revenues produced thereafter from the sale of the plates in each fiscal year and the earned interest of the fund shall be available for expenditures to aid in carrying out the purposes of the fund. (c) The specialty earmarked plates provided for in this section shall be designed in consultation with a representative of Friends of Great Smoky Mountains, Inc. Amended by 2018 Tenn. Acts, ch. 1023, s 49, eff. 7/1/2018. Acts 1998, ch. 783, § 1; 1998, ch. 1063, § 1; 2001, ch. 145, § 1.
(a) 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 a Friends of Great Smoky Mountains specialty earmarked license plate for a motor vehicle authorized by § 55-4-210(c) .
(b) (1) The funds produced from the sale of the Friends of Great Smoky Mountains specialty earmarked license plates shall be allocated in accordance with § 55-4-290 to the Friends of Great Smoky Mountains endowment fund established pursuant to subdivision (b)(2). Subject to subdivision (b)(3), the commissioner of finance and administration shall make disbursements of the funds on a quarterly basis to the Friends of Great Smoky Mountains, Inc. The funds shall be used exclusively for the assistance of the national park service in the care of the Great Smoky Mountains National Park. (2) There is established a general fund reserve to be allocated by the general appropriations act, which shall be known as the Friends of Great Smoky Mountains endowment fund. Moneys from the fund may be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues on interest earned by the revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from this reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. (3) No expenditure shall be made from the fund until the combination of principal and interest reaches one hundred thousand dollars ($100,000). Thereafter, the first fifty thousand dollars ($50,000) in revenues produced from the sale of the plates in each fiscal year shall be added to the principal, and all revenues produced from the sale of the plates in each fiscal year in excess of fifty thousand dollars ($50,000) and the earned interest of the fund shall be available for expenditures to aid in carrying out the purposes of the fund; provided, however, at such time as the principal of the fund reaches five hundred thousand dollars ($500,000), all revenues produced thereafter from the sale of the plates in each fiscal year and the earned interest of the fund shall be available for expenditures to aid in carrying out the purposes of the fund.
(1) The funds produced from the sale of the Friends of Great Smoky Mountains specialty earmarked license plates shall be allocated in accordance with § 55-4-290 to the Friends of Great Smoky Mountains endowment fund established pursuant to subdivision (b)(2). Subject to subdivision (b)(3), the commissioner of finance and administration shall make disbursements of the funds on a quarterly basis to the Friends of Great Smoky Mountains, Inc. The funds shall be used exclusively for the assistance of the national park service in the care of the Great Smoky Mountains National Park.
(2) There is established a general fund reserve to be allocated by the general appropriations act, which shall be known as the Friends of Great Smoky Mountains endowment fund. Moneys from the fund may be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund on any June 30. Any excess revenues on interest earned by the revenues shall not revert on any June 30, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from this reserve shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years.
(3) No expenditure shall be made from the fund until the combination of principal and interest reaches one hundred thousand dollars ($100,000). Thereafter, the first fifty thousand dollars ($50,000) in revenues produced from the sale of the plates in each fiscal year shall be added to the principal, and all revenues produced from the sale of the plates in each fiscal year in excess of fifty thousand dollars ($50,000) and the earned interest of the fund shall be available for expenditures to aid in carrying out the purposes of the fund; provided, however, at such time as the principal of the fund reaches five hundred thousand dollars ($500,000), all revenues produced thereafter from the sale of the plates in each fiscal year and the earned interest of the fund shall be available for expenditures to aid in carrying out the purposes of the fund.
(c) The specialty earmarked plates provided for in this section shall be designed in consultation with a representative of Friends of Great Smoky Mountains, Inc.
Amended by 2018 Tenn. Acts, ch. 1023, s 49, eff. 7/1/2018.
Acts 1998, ch. 783, § 1; 1998, ch. 1063, § 1; 2001, ch. 145, § 1.
Tenn. Code Ann. § 55-4-318 — TN Code / Title 55 / Chapter 4 / Section 55-4-318
[Repealed]
Status: repealed

Repealed by 2023 Tenn. Acts, ch. 250, s 1, eff. 7/1/2023. Amended by 2018 Tenn. Acts, ch. 1023, Secs.s 45, s 49 eff. 7/1/2018. Added by 2017 Tenn. Acts, ch. 384, s 2, eff. 5/18/2017.
Repealed by 2023 Tenn. Acts, ch. 250, s 1, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 1023, Secs.s 45, s 49 eff. 7/1/2018.
Added by 2017 Tenn. Acts, ch. 384, s 2, eff. 5/18/2017.
Tenn. Code Ann. § 55-31-305 — TN Code / Title 55 / Chapter 31 / Section 55-31-305
Demolishers
Status: in_force

(a) A person, firm, corporation, or unit of government, upon whose property or in whose possession is found an abandoned, immobile, or unattended motor vehicle, or a person being the owner of a motor vehicle whose title certificate is faulty, lost, or destroyed, may apply to the police department of the jurisdiction in which the vehicle is situated for authority to sell, give away, or dispose of the vehicle to a demolisher. (b) The application must set out the name and address of the applicant, the year, make, model, and vehicle identification number of the motor vehicle, if ascertainable, together with any other identifying features, and must contain a concise statement of the facts surrounding the abandonment, or that the title of the motor vehicle is lost or destroyed, or the reasons for the defect of title. The applicant must execute an affidavit stating that the facts alleged therein are true and that no material fact has been withheld. (c) If the police department finds that the application is executed in proper form and shows that the motor vehicle has been abandoned, immobile, or unattended upon the property of the applicant or if it shows that the motor vehicle is not abandoned, immobile, or unattended but that the applicant appears to be the rightful owner, then the police department shall follow the notification procedures set forth in § 55-31-302 . (d) If an abandoned, immobile, or unattended motor vehicle is not reclaimed in accordance with § 55-31-302 , then the police department shall give the applicant a certificate of authority to sell the motor vehicle to any demolisher for demolition, wrecking, or dismantling. The demolisher shall accept the certificate in lieu of the certificate of title to the motor vehicle. (e) Notwithstanding this part to the contrary, a person, firm, corporation, or unit of government upon whose property or in whose possession is found an abandoned, immobile, or unattended motor vehicle, or a person being the owner of a motor vehicle whose title certificate is faulty, lost, or destroyed, may dispose of the motor vehicle to a demolisher without that title and without the notification procedures of § 55-31-302 , if the motor vehicle is over ten (10) years old and has no engine or is otherwise totally inoperable. (f) (1) If a vehicle does have an engine, and is properly licensed but otherwise fits the description of this section, then such vehicle left on a public highway or street and pulled in at the direction of local or state law enforcement officials must be held at least ten (10) days. If, at the end of that period, no claim has been received for the vehicle, then the vehicle may then be disposed of in accordance with this section. (2) Subdivision (f)(1) does not apply in counties with a metropolitan form of government, in which counties subsection (e) remains in full force and effect. Added by 2024 Tenn. Acts, ch. 1017,s 4, eff. 7/1/2024.
(a) A person, firm, corporation, or unit of government, upon whose property or in whose possession is found an abandoned, immobile, or unattended motor vehicle, or a person being the owner of a motor vehicle whose title certificate is faulty, lost, or destroyed, may apply to the police department of the jurisdiction in which the vehicle is situated for authority to sell, give away, or dispose of the vehicle to a demolisher.
(b) The application must set out the name and address of the applicant, the year, make, model, and vehicle identification number of the motor vehicle, if ascertainable, together with any other identifying features, and must contain a concise statement of the facts surrounding the abandonment, or that the title of the motor vehicle is lost or destroyed, or the reasons for the defect of title. The applicant must execute an affidavit stating that the facts alleged therein are true and that no material fact has been withheld.
(c) If the police department finds that the application is executed in proper form and shows that the motor vehicle has been abandoned, immobile, or unattended upon the property of the applicant or if it shows that the motor vehicle is not abandoned, immobile, or unattended but that the applicant appears to be the rightful owner, then the police department shall follow the notification procedures set forth in § 55-31-302 .
(d) If an abandoned, immobile, or unattended motor vehicle is not reclaimed in accordance with § 55-31-302 , then the police department shall give the applicant a certificate of authority to sell the motor vehicle to any demolisher for demolition, wrecking, or dismantling. The demolisher shall accept the certificate in lieu of the certificate of title to the motor vehicle.
(e) Notwithstanding this part to the contrary, a person, firm, corporation, or unit of government upon whose property or in whose possession is found an abandoned, immobile, or unattended motor vehicle, or a person being the owner of a motor vehicle whose title certificate is faulty, lost, or destroyed, may dispose of the motor vehicle to a demolisher without that title and without the notification procedures of § 55-31-302 , if the motor vehicle is over ten (10) years old and has no engine or is otherwise totally inoperable.
(f) (1) If a vehicle does have an engine, and is properly licensed but otherwise fits the description of this section, then such vehicle left on a public highway or street and pulled in at the direction of local or state law enforcement officials must be held at least ten (10) days. If, at the end of that period, no claim has been received for the vehicle, then the vehicle may then be disposed of in accordance with this section. (2) Subdivision (f)(1) does not apply in counties with a metropolitan form of government, in which counties subsection (e) remains in full force and effect.
(1) If a vehicle does have an engine, and is properly licensed but otherwise fits the description of this section, then such vehicle left on a public highway or street and pulled in at the direction of local or state law enforcement officials must be held at least ten (10) days. If, at the end of that period, no claim has been received for the vehicle, then the vehicle may then be disposed of in accordance with this section.
(2) Subdivision (f)(1) does not apply in counties with a metropolitan form of government, in which counties subsection (e) remains in full force and effect.
Added by 2024 Tenn. Acts, ch. 1017,s 4, eff. 7/1/2024.
Tenn. Code Ann. § 55-12-124 — TN Code / Title 55 / Chapter 12 / Section 55-12-124
Other auto liability policies not affected
Status: in_force

(a) This part shall not be held to apply to or affect policies of automobile insurance against liability that may now or hereafter be required by any other law of this state, and such policies, if they contain an agreement or are endorsed to conform with the requirements of this part, may be certified as proof of financial responsibility under this part. (b) This part shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on the insured's behalf of motor vehicles not owned by the insured. Acts 1977, ch. 446, § 24; T.C.A., § 59-1274.
(a) This part shall not be held to apply to or affect policies of automobile insurance against liability that may now or hereafter be required by any other law of this state, and such policies, if they contain an agreement or are endorsed to conform with the requirements of this part, may be certified as proof of financial responsibility under this part.
(b) This part shall not be held to apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on the insured's behalf of motor vehicles not owned by the insured.
Acts 1977, ch. 446, § 24; T.C.A., § 59-1274.
Tenn. Code Ann. § 55-7-101 — TN Code / Title 55 / Chapter 7 / Section 55-7-101
Operation of vehicles injurious to highways must conform to regulations
Status: in_force

No vehicle, truck, engine, or tractor of any kind, whether the vehicle be propelled by steam, gasoline, or otherwise, shall be permitted to operate upon any street, road, highway, or other public thoroughfare that, either by reason of its weight or the character of its wheels, will materially injure the surface or foundation of the street, road, highway, public thoroughfare, including the bridges thereon, unless and until the owner or operator of the vehicle of any kind has complied with the rules and regulations that may be prescribed by the departments of transportation and safety relating to the use of the highways by those vehicles. Acts 1921, ch. 177, § 1; 1925, ch. 130, § 1; Shan. Supp., § 1616a2; Code 1932, § 2703; Acts 1945, ch. 165, § 1; mod. C. Supp. 1950, § 2703; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 5; T.C.A. (orig. ed.), §§ 59-1101, 55-11-101.
No vehicle, truck, engine, or tractor of any kind, whether the vehicle be propelled by steam, gasoline, or otherwise, shall be permitted to operate upon any street, road, highway, or other public thoroughfare that, either by reason of its weight or the character of its wheels, will materially injure the surface or foundation of the street, road, highway, public thoroughfare, including the bridges thereon, unless and until the owner or operator of the vehicle of any kind has complied with the rules and regulations that may be prescribed by the departments of transportation and safety relating to the use of the highways by those vehicles.
Acts 1921, ch. 177, § 1; 1925, ch. 130, § 1; Shan. Supp., § 1616a2; Code 1932, § 2703; Acts 1945, ch. 165, § 1; mod. C. Supp. 1950, § 2703; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 5; T.C.A. (orig. ed.), §§ 59-1101, 55-11-101.
Tenn. Code Ann. § 55-31-201 — TN Code / Title 55 / Chapter 31 / Section 55-31-201
Booting and towing prohibited on commercial parking lots
Status: in_force

(a) Except as otherwise provided by subsection (b) and § 55-31-301 , it is an offense for a commercial parking lot owner to boot or tow a motor vehicle located on the lot owner's lot if the motor vehicle is not an abandoned, immobile, or unattended motor vehicle. (b) Notwithstanding subsection (a), it is not an offense for a licensed parking lot, or a licensed parking attendant on the licensed parking lot's behalf, to boot or tow motor vehicles located on the licensed parking lot if the licensed parking lot is located within the jurisdiction of a local government that has passed an ordinance pursuant to § 55-31-203 and the licensed parking lot or licensed parking attendant boots or tows a motor vehicle in compliance with the ordinance. (c) (1) A violation of this section constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1. (2) A violation of this section constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to any penalties and remedies established under this part. (3) The attorney general and reporter has all of the investigative and enforcement authority that the attorney general and reporter has under the Tennessee Consumer Protection Act of 1977 relating to alleged violations of this part. If the attorney general and reporter reasonably believes that a person has violated this part, then the attorney general and reporter may institute a proceeding under this section. (4) Costs of any kind or nature must not be taxed against the attorney general and reporter or the state in actions commenced under this part. (d) In addition to the remedy provided in subsection (c), a person injured as a result of a violation of this section is entitled to maintain a private right of action for injunctive relief and to recover actual damages, compensatory damages, punitive damages, and reasonable attorney fees against an alleged violator. Added by 2024 Tenn. Acts, ch. 1017,s 4, eff. 7/1/2024.
(a) Except as otherwise provided by subsection (b) and § 55-31-301 , it is an offense for a commercial parking lot owner to boot or tow a motor vehicle located on the lot owner's lot if the motor vehicle is not an abandoned, immobile, or unattended motor vehicle.
(b) Notwithstanding subsection (a), it is not an offense for a licensed parking lot, or a licensed parking attendant on the licensed parking lot's behalf, to boot or tow motor vehicles located on the licensed parking lot if the licensed parking lot is located within the jurisdiction of a local government that has passed an ordinance pursuant to § 55-31-203 and the licensed parking lot or licensed parking attendant boots or tows a motor vehicle in compliance with the ordinance.
(c) (1) A violation of this section constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1. (2) A violation of this section constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to any penalties and remedies established under this part. (3) The attorney general and reporter has all of the investigative and enforcement authority that the attorney general and reporter has under the Tennessee Consumer Protection Act of 1977 relating to alleged violations of this part. If the attorney general and reporter reasonably believes that a person has violated this part, then the attorney general and reporter may institute a proceeding under this section. (4) Costs of any kind or nature must not be taxed against the attorney general and reporter or the state in actions commenced under this part.
(1) A violation of this section constitutes a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1.
(2) A violation of this section constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977, in addition to any penalties and remedies established under this part.
(3) The attorney general and reporter has all of the investigative and enforcement authority that the attorney general and reporter has under the Tennessee Consumer Protection Act of 1977 relating to alleged violations of this part. If the attorney general and reporter reasonably believes that a person has violated this part, then the attorney general and reporter may institute a proceeding under this section.
(4) Costs of any kind or nature must not be taxed against the attorney general and reporter or the state in actions commenced under this part.
(d) In addition to the remedy provided in subsection (c), a person injured as a result of a violation of this section is entitled to maintain a private right of action for injunctive relief and to recover actual damages, compensatory damages, punitive damages, and reasonable attorney fees against an alleged violator.
Added by 2024 Tenn. Acts, ch. 1017,s 4, eff. 7/1/2024.
Tenn. Code Ann. § 55-5-121 — TN Code / Title 55 / Chapter 5 / Section 55-5-121
Violation - Class E felony
Status: in_force

Any person who is convicted of a violation of any of the provisions of chapters 1-6 of this title declared to constitute a felony shall be punished for a Class E felony. Acts 1951, ch. 70, § 94 (Williams, § 5538.194); T.C.A. (orig. ed.), § 59-517; T.C.A., § 59-522; Acts 1989, ch. 591, § 54.
Any person who is convicted of a violation of any of the provisions of chapters 1-6 of this title declared to constitute a felony shall be punished for a Class E felony.
Acts 1951, ch. 70, § 94 (Williams, § 5538.194); T.C.A. (orig. ed.), § 59-517; T.C.A., § 59-522; Acts 1989, ch. 591, § 54.
Tenn. Code Ann. § 55-4-227 — TN Code / Title 55 / Chapter 4 / Section 55-4-227
OEM headquarters company
Status: in_force

(a) Registration plates issued under the OEM headquarters company category pursuant to § 55-4-203(a) may be issued to any OEM headquarters company for purposes of registering any OEM headquarters company vehicle. Eligible employees and eligible family members may operate an OEM headquarters company vehicle on any highway within this state upon displaying thereon plates issued to the OEM headquarters company as provided in this part. A registration plate issued under the OEM headquarters company category may only be transferred to another qualified OEM headquarters company vehicle. (b) The special purpose OEM headquarters company plates provided for in this section shall be designed by the commissioner in consultation with the OEM headquarters company making application for the plate. All special purpose plates issued to any OEM headquarters company shall bear identifying numbers and shall display the word "Tennessee" or an abbreviation thereof. (c) This registration shall be valid so long as title to the OEM headquarters company vehicle is vested in the OEM headquarters company and shall not be subject to the provisions of this chapter requiring annual registration. (d) Any OEM headquarters company may make application to the department for the special purpose plates authorized by this section. The plates shall be free of charge, as provided in § 55-4-204 . (e) Any motor vehicle registered for use as an OEM headquarters company vehicle under this section shall, at the termination of such use, be sold at an auction limited to any dealer who sells new or unused motor vehicles of the same line-make as the motor vehicle to be sold. Amended by 2018 Tenn. Acts, ch. 1023,s 49, eff. 7/1/2018. Amended by 2013 Tenn. Acts, ch. 183,s 6, eff. 7/1/2013. Acts 2009, ch. 530, § 122.
(a) Registration plates issued under the OEM headquarters company category pursuant to § 55-4-203(a) may be issued to any OEM headquarters company for purposes of registering any OEM headquarters company vehicle. Eligible employees and eligible family members may operate an OEM headquarters company vehicle on any highway within this state upon displaying thereon plates issued to the OEM headquarters company as provided in this part. A registration plate issued under the OEM headquarters company category may only be transferred to another qualified OEM headquarters company vehicle.
(b) The special purpose OEM headquarters company plates provided for in this section shall be designed by the commissioner in consultation with the OEM headquarters company making application for the plate. All special purpose plates issued to any OEM headquarters company shall bear identifying numbers and shall display the word "Tennessee" or an abbreviation thereof.
(c) This registration shall be valid so long as title to the OEM headquarters company vehicle is vested in the OEM headquarters company and shall not be subject to the provisions of this chapter requiring annual registration.
(d) Any OEM headquarters company may make application to the department for the special purpose plates authorized by this section. The plates shall be free of charge, as provided in § 55-4-204 .
(e) Any motor vehicle registered for use as an OEM headquarters company vehicle under this section shall, at the termination of such use, be sold at an auction limited to any dealer who sells new or unused motor vehicles of the same line-make as the motor vehicle to be sold.
Amended by 2018 Tenn. Acts, ch. 1023,s 49, eff. 7/1/2018.
Amended by 2013 Tenn. Acts, ch. 183,s 6, eff. 7/1/2013.
Acts 2009, ch. 530, § 122.
Tenn. Code Ann. § 55-5-123 — TN Code / Title 55 / Chapter 5 / Section 55-5-123
Penalties for violations
Status: in_force

A violation of § 55-5-122 is a Class C misdemeanor. Acts 1972, ch. 573, § 2; T.C.A., § 59-524; Acts 1989, ch. 591, § 113.
A violation of § 55-5-122 is a Class C misdemeanor.
Acts 1972, ch. 573, § 2; T.C.A., § 59-524; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 55-19-103 — TN Code / Title 55 / Chapter 19 / Section 55-19-103
Acting as instructor without license unlawful
Status: in_force

It is unlawful for any person to act as an instructor in any commercial driver training school without a current license to act as an instructor issued by the commissioner. Acts 1967, ch. 163, § 3; T.C.A., § 59-1903.
It is unlawful for any person to act as an instructor in any commercial driver training school without a current license to act as an instructor issued by the commissioner.
Acts 1967, ch. 163, § 3; T.C.A., § 59-1903.
Tenn. Code Ann. § 55-17-302 — TN Code / Title 55 / Chapter 17 / Section 55-17-302
Automotive mobility dealer license
Status: in_force

(a) Any person, prior to engaging or continuing in the business of an automotive mobility dealer after March 1, 2011, shall obtain an automotive mobility dealer license from the commission. (b) (1) An automotive mobility dealer shall be licensed and regulated by the commission under this chapter. (2) The commission shall, by administrative regulations promulgated hereunder in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, establish requirements for initial application for and renewal of a license to be an automotive mobility dealer. The commission's regulations establishing requirements for automotive mobility dealers shall include provisions for automotive mobility dealers to meet reasonable and appropriate quality assurance requirements. Such requirements may include: (A) Appropriate training by automotive mobility dealers regarding adapted vehicle usage; (B) Driver evaluation by automotive mobility dealers; and (C) A requirement that automotive mobility dealers obtain and maintain insurance in an amount to be established by the commission. (3) The commission shall have the power to promulgate any other regulations that are necessary to implement this part, including denial, suspension or revocation of an automotive mobility dealer's license. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act. (4) The commission shall, after notice and hearing, revoke the license of an automotive mobility dealer if it determines that the dealer has sold or modified a vehicle that does not comply with this section or any administrative regulations promulgated hereunder. A dealer whose license is revoked under this subsection (b) shall be permitted to appeal the revocation in accordance with part 1 of this chapter. (5) An automotive mobility dealer's license may be denied, suspended or revoked for any violation of § 55-17-114 . (c) A licensed automotive mobility dealer shall have the right to display, demonstrate, inventory, advertise and offer for sale adapted vehicles. Acts 2010, ch. 1038, § 1.
(a) Any person, prior to engaging or continuing in the business of an automotive mobility dealer after March 1, 2011, shall obtain an automotive mobility dealer license from the commission.
(b) (1) An automotive mobility dealer shall be licensed and regulated by the commission under this chapter. (2) The commission shall, by administrative regulations promulgated hereunder in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, establish requirements for initial application for and renewal of a license to be an automotive mobility dealer. The commission's regulations establishing requirements for automotive mobility dealers shall include provisions for automotive mobility dealers to meet reasonable and appropriate quality assurance requirements. Such requirements may include: (A) Appropriate training by automotive mobility dealers regarding adapted vehicle usage; (B) Driver evaluation by automotive mobility dealers; and (C) A requirement that automotive mobility dealers obtain and maintain insurance in an amount to be established by the commission. (3) The commission shall have the power to promulgate any other regulations that are necessary to implement this part, including denial, suspension or revocation of an automotive mobility dealer's license. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act. (4) The commission shall, after notice and hearing, revoke the license of an automotive mobility dealer if it determines that the dealer has sold or modified a vehicle that does not comply with this section or any administrative regulations promulgated hereunder. A dealer whose license is revoked under this subsection (b) shall be permitted to appeal the revocation in accordance with part 1 of this chapter. (5) An automotive mobility dealer's license may be denied, suspended or revoked for any violation of § 55-17-114 .
(1) An automotive mobility dealer shall be licensed and regulated by the commission under this chapter.
(2) The commission shall, by administrative regulations promulgated hereunder in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, establish requirements for initial application for and renewal of a license to be an automotive mobility dealer. The commission's regulations establishing requirements for automotive mobility dealers shall include provisions for automotive mobility dealers to meet reasonable and appropriate quality assurance requirements. Such requirements may include: (A) Appropriate training by automotive mobility dealers regarding adapted vehicle usage; (B) Driver evaluation by automotive mobility dealers; and (C) A requirement that automotive mobility dealers obtain and maintain insurance in an amount to be established by the commission.
(A) Appropriate training by automotive mobility dealers regarding adapted vehicle usage;
(B) Driver evaluation by automotive mobility dealers; and
(C) A requirement that automotive mobility dealers obtain and maintain insurance in an amount to be established by the commission.
(3) The commission shall have the power to promulgate any other regulations that are necessary to implement this part, including denial, suspension or revocation of an automotive mobility dealer's license. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act.
(4) The commission shall, after notice and hearing, revoke the license of an automotive mobility dealer if it determines that the dealer has sold or modified a vehicle that does not comply with this section or any administrative regulations promulgated hereunder. A dealer whose license is revoked under this subsection (b) shall be permitted to appeal the revocation in accordance with part 1 of this chapter.
(5) An automotive mobility dealer's license may be denied, suspended or revoked for any violation of § 55-17-114 .
(c) A licensed automotive mobility dealer shall have the right to display, demonstrate, inventory, advertise and offer for sale adapted vehicles.
Acts 2010, ch. 1038, § 1.
Tenn. Code Ann. § 55-12-130 — TN Code / Title 55 / Chapter 12 / Section 55-12-130
Approval of reregistration after revocation - Transfer of registration to avoid law prohibited - Violations - Penalties
Status: in_force

(a) It is unlawful for the commissioner of revenue to reregister any vehicle, the registration of which has been revoked under the authority of this part, unless the written approval of the commissioner of safety is obtained prior to the reregistration, and it is unlawful for any owner whose registration privileges have been revoked to sell the vehicle or vehicles for which the registration has been revoked under the authority of this part without first informing the purchaser that the registration of the vehicle has been revoked, and that before it can again be registered, the written consent of the commissioner of safety must be obtained. (b) The commissioner is authorized to refuse to permit a vehicle to be reregistered as referred to in subsection (a) if the commissioner determines the vehicle was sold with the intention to defeat the purpose of this part. (c) A violation of subsection (a) or any part thereof is a Class C misdemeanor. It is also a Class C misdemeanor to fail or refuse to surrender upon demand any revoked license to the department of safety or any revoked registration to the department of revenue. Acts 1977, ch. 446, § 30; T.C.A., § 59-1280; Acts 1989, ch. 591, § 113; 2007, ch. 484, § 91.
(a) It is unlawful for the commissioner of revenue to reregister any vehicle, the registration of which has been revoked under the authority of this part, unless the written approval of the commissioner of safety is obtained prior to the reregistration, and it is unlawful for any owner whose registration privileges have been revoked to sell the vehicle or vehicles for which the registration has been revoked under the authority of this part without first informing the purchaser that the registration of the vehicle has been revoked, and that before it can again be registered, the written consent of the commissioner of safety must be obtained.
(b) The commissioner is authorized to refuse to permit a vehicle to be reregistered as referred to in subsection (a) if the commissioner determines the vehicle was sold with the intention to defeat the purpose of this part.
(c) A violation of subsection (a) or any part thereof is a Class C misdemeanor. It is also a Class C misdemeanor to fail or refuse to surrender upon demand any revoked license to the department of safety or any revoked registration to the department of revenue.
Acts 1977, ch. 446, § 30; T.C.A., § 59-1280; Acts 1989, ch. 591, § 113; 2007, ch. 484, § 91.
Tenn. Code Ann. § 55-1-102 — TN Code / Title 55 / Chapter 1 / Section 55-1-102
Definitions of words and phrases generally
Status: in_force

The following words and phrases, when used in chapters 1-6 of this title, for the purpose of chapters 1-6 of this title, have the meanings respectively ascribed to them in this chapter. Acts 1951, ch. 70, § 1 (Williams, § 5538.101); T.C.A. (orig. ed.), § 59-102.
The following words and phrases, when used in chapters 1-6 of this title, for the purpose of chapters 1-6 of this title, have the meanings respectively ascribed to them in this chapter.
Acts 1951, ch. 70, § 1 (Williams, § 5538.101); T.C.A. (orig. ed.), § 59-102.
Tenn. Code Ann. § 55-10-410 — TN Code / Title 55 / Chapter 10 / Section 55-10-410
Probation conditions - Access to inmates by alcohol and drug treatment organizations
Status: in_force

(a) In addition to incarceration, fines and license ramifications the sentencing judge has the discretion to impose any conditions of probation which are reasonably related to the offense, but shall impose the following conditions: (1) (A) (i) Participation in an alcohol and drug safety DUI school, and/or drug offender school program, if available; and (ii) A drug and alcohol assessment or treatment; or (iii) If the court deems it appropriate and the service is available, both a drug and alcohol assessment and treatment, with the cost of such service being paid as provided in subdivision (a)(5); or (B) In lieu of or in addition to subdivision (a)(1)(A), the judge may order the offender to attend a victims impact panel program if such a program is offered by the county where the offense occurs and, if the court finds the offender has the ability to pay, to pay a fee of not less than twenty-five ($25.00) nor more than fifty dollars ($50.00) as determined by the governing authority of the program and approved by the sentencing judge, to the program to offset the cost of participation by the offender; or (2) Upon the second or subsequent conviction for violating § 55-10-401 , involving being under the influence of a controlled substance or controlled substance analogue, § 39-17-418 , involving the possession of a controlled substance, or § 39-17-454 , involving the possession of a controlled substance analogue, participation in a program of rehabilitation at an alcohol or drug treatment facility, if available; (3) Upon a third or subsequent conviction for violating § 55-10-401 , involving the use of alcohol, the court shall order the person to wear a transdermal alcohol monitoring device for a minimum period of ninety (90) days of continuous sobriety without any confirmed drinking or tampering events upon release on probation. This requirement may be waived by the judge in the best interest of justice, if the person has already completed a ninety-day period of continuous sobriety as a condition of release on bail; (4) Restitution as provided in § 55-10-403(d) ; (5) Notwithstanding any other law to the contrary, if a person convicted of a violation of § 55-10-401 has a prior conviction for a violation of § 55-10-401 within the past five (5) years, the court shall order such person to undergo a drug and alcohol assessment and receive treatment as appropriate. Unless the court makes a specific determination that the person is indigent, the expense of such assessment and treatment shall be the responsibility of the person receiving it. Notwithstanding § 55-10-402(j)(1) and (2) , if the court finds that the person is indigent, the expense or some portion of the expense may be paid from the alcohol and drug addiction treatment fund established in § 40-33-211(c)(2) pursuant to a plan and procedures developed by the department of mental health and substance abuse services; (6) The alcohol and drug assessment and treatment provisions of this section shall only apply in instances where a person is convicted of a first or fourth or subsequent violation of § 55-10-401 , or where a person is convicted of a second or third violation of § 55-10-401 but the judge declines to order the person to participate in a substance abuse treatment program as a condition of probation pursuant to § 55-10-402 . (b) The sheriff of each county shall develop a written policy that permits alcohol and drug treatment organizations to have reasonable access to persons confined in the county jail or workhouse convicted of or charged with a violation of this part. Amended by 2023 Tenn. Acts, ch. 116, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 116, s 2, eff. 7/1/2023. Amended by 2014 Tenn. Acts, ch. 902, s 7, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 902, s 6, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 154, s 10, eff. 7/1/2013. Acts 1969, ch. 292, § 6; 1972, ch. 525, §§ 1-8; T.C.A., § 59-1049; Acts 1980, ch. 810, § 4; 1982, ch. 579, § 2; 1985, ch. 141, §§ 2, 3; 1993, ch. 390, § 2; 1995, ch. 355, § 2; 2005, ch. 483, §§ 5, 6; 2012 , ch. 666, § 2.
(a) In addition to incarceration, fines and license ramifications the sentencing judge has the discretion to impose any conditions of probation which are reasonably related to the offense, but shall impose the following conditions: (1) (A) (i) Participation in an alcohol and drug safety DUI school, and/or drug offender school program, if available; and (ii) A drug and alcohol assessment or treatment; or (iii) If the court deems it appropriate and the service is available, both a drug and alcohol assessment and treatment, with the cost of such service being paid as provided in subdivision (a)(5); or (B) In lieu of or in addition to subdivision (a)(1)(A), the judge may order the offender to attend a victims impact panel program if such a program is offered by the county where the offense occurs and, if the court finds the offender has the ability to pay, to pay a fee of not less than twenty-five ($25.00) nor more than fifty dollars ($50.00) as determined by the governing authority of the program and approved by the sentencing judge, to the program to offset the cost of participation by the offender; or (2) Upon the second or subsequent conviction for violating § 55-10-401 , involving being under the influence of a controlled substance or controlled substance analogue, § 39-17-418 , involving the possession of a controlled substance, or § 39-17-454 , involving the possession of a controlled substance analogue, participation in a program of rehabilitation at an alcohol or drug treatment facility, if available; (3) Upon a third or subsequent conviction for violating § 55-10-401 , involving the use of alcohol, the court shall order the person to wear a transdermal alcohol monitoring device for a minimum period of ninety (90) days of continuous sobriety without any confirmed drinking or tampering events upon release on probation. This requirement may be waived by the judge in the best interest of justice, if the person has already completed a ninety-day period of continuous sobriety as a condition of release on bail; (4) Restitution as provided in § 55-10-403(d) ; (5) Notwithstanding any other law to the contrary, if a person convicted of a violation of § 55-10-401 has a prior conviction for a violation of § 55-10-401 within the past five (5) years, the court shall order such person to undergo a drug and alcohol assessment and receive treatment as appropriate. Unless the court makes a specific determination that the person is indigent, the expense of such assessment and treatment shall be the responsibility of the person receiving it. Notwithstanding § 55-10-402(j)(1) and (2) , if the court finds that the person is indigent, the expense or some portion of the expense may be paid from the alcohol and drug addiction treatment fund established in § 40-33-211(c)(2) pursuant to a plan and procedures developed by the department of mental health and substance abuse services; (6) The alcohol and drug assessment and treatment provisions of this section shall only apply in instances where a person is convicted of a first or fourth or subsequent violation of § 55-10-401 , or where a person is convicted of a second or third violation of § 55-10-401 but the judge declines to order the person to participate in a substance abuse treatment program as a condition of probation pursuant to § 55-10-402 .
(1) (A) (i) Participation in an alcohol and drug safety DUI school, and/or drug offender school program, if available; and (ii) A drug and alcohol assessment or treatment; or (iii) If the court deems it appropriate and the service is available, both a drug and alcohol assessment and treatment, with the cost of such service being paid as provided in subdivision (a)(5); or (B) In lieu of or in addition to subdivision (a)(1)(A), the judge may order the offender to attend a victims impact panel program if such a program is offered by the county where the offense occurs and, if the court finds the offender has the ability to pay, to pay a fee of not less than twenty-five ($25.00) nor more than fifty dollars ($50.00) as determined by the governing authority of the program and approved by the sentencing judge, to the program to offset the cost of participation by the offender; or
(A) (i) Participation in an alcohol and drug safety DUI school, and/or drug offender school program, if available; and (ii) A drug and alcohol assessment or treatment; or (iii) If the court deems it appropriate and the service is available, both a drug and alcohol assessment and treatment, with the cost of such service being paid as provided in subdivision (a)(5); or
(i) Participation in an alcohol and drug safety DUI school, and/or drug offender school program, if available; and
(ii) A drug and alcohol assessment or treatment; or
(iii) If the court deems it appropriate and the service is available, both a drug and alcohol assessment and treatment, with the cost of such service being paid as provided in subdivision (a)(5); or
(B) In lieu of or in addition to subdivision (a)(1)(A), the judge may order the offender to attend a victims impact panel program if such a program is offered by the county where the offense occurs and, if the court finds the offender has the ability to pay, to pay a fee of not less than twenty-five ($25.00) nor more than fifty dollars ($50.00) as determined by the governing authority of the program and approved by the sentencing judge, to the program to offset the cost of participation by the offender; or
(2) Upon the second or subsequent conviction for violating § 55-10-401 , involving being under the influence of a controlled substance or controlled substance analogue, § 39-17-418 , involving the possession of a controlled substance, or § 39-17-454 , involving the possession of a controlled substance analogue, participation in a program of rehabilitation at an alcohol or drug treatment facility, if available;
(3) Upon a third or subsequent conviction for violating § 55-10-401 , involving the use of alcohol, the court shall order the person to wear a transdermal alcohol monitoring device for a minimum period of ninety (90) days of continuous sobriety without any confirmed drinking or tampering events upon release on probation. This requirement may be waived by the judge in the best interest of justice, if the person has already completed a ninety-day period of continuous sobriety as a condition of release on bail;
(4) Restitution as provided in § 55-10-403(d) ;
(5) Notwithstanding any other law to the contrary, if a person convicted of a violation of § 55-10-401 has a prior conviction for a violation of § 55-10-401 within the past five (5) years, the court shall order such person to undergo a drug and alcohol assessment and receive treatment as appropriate. Unless the court makes a specific determination that the person is indigent, the expense of such assessment and treatment shall be the responsibility of the person receiving it. Notwithstanding § 55-10-402(j)(1) and (2) , if the court finds that the person is indigent, the expense or some portion of the expense may be paid from the alcohol and drug addiction treatment fund established in § 40-33-211(c)(2) pursuant to a plan and procedures developed by the department of mental health and substance abuse services;
(6) The alcohol and drug assessment and treatment provisions of this section shall only apply in instances where a person is convicted of a first or fourth or subsequent violation of § 55-10-401 , or where a person is convicted of a second or third violation of § 55-10-401 but the judge declines to order the person to participate in a substance abuse treatment program as a condition of probation pursuant to § 55-10-402 .
(b) The sheriff of each county shall develop a written policy that permits alcohol and drug treatment organizations to have reasonable access to persons confined in the county jail or workhouse convicted of or charged with a violation of this part.
Amended by 2023 Tenn. Acts, ch. 116, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 116, s 2, eff. 7/1/2023.
Amended by 2014 Tenn. Acts, ch. 902, s 7, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 902, s 6, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 154, s 10, eff. 7/1/2013.
Acts 1969, ch. 292, § 6; 1972, ch. 525, §§ 1-8; T.C.A., § 59-1049; Acts 1980, ch. 810, § 4; 1982, ch. 579, § 2; 1985, ch. 141, §§ 2, 3; 1993, ch. 390, § 2; 1995, ch. 355, § 2; 2005, ch. 483, §§ 5, 6; 2012 , ch. 666, § 2.
Tenn. Code Ann. § 55-24-107 — TN Code / Title 55 / Chapter 24 / Section 55-24-107
Statute of limitations
Status: in_force

(a) Any action brought under this chapter shall be commenced within six (6) months following: (1) Expiration of the express warranty term; or (2) One (1) year following the date of original delivery of the motor vehicle to a consumer, whichever is the later date. (b) The statute of limitations shall be tolled for the period beginning on the date when the consumer submits a dispute to an informal dispute settlement procedure as provided in § 55-24-106 and ending on the date of its decision or the date before which the manufacturer, its agent or its authorized dealer is required by the decision to fulfill its terms, whichever comes later. Acts 1986, ch. 857, § 7; T.C.A. § 55-24-207.
(a) Any action brought under this chapter shall be commenced within six (6) months following: (1) Expiration of the express warranty term; or (2) One (1) year following the date of original delivery of the motor vehicle to a consumer, whichever is the later date.
(1) Expiration of the express warranty term; or
(2) One (1) year following the date of original delivery of the motor vehicle to a consumer, whichever is the later date.
(b) The statute of limitations shall be tolled for the period beginning on the date when the consumer submits a dispute to an informal dispute settlement procedure as provided in § 55-24-106 and ending on the date of its decision or the date before which the manufacturer, its agent or its authorized dealer is required by the decision to fulfill its terms, whichever comes later.
Acts 1986, ch. 857, § 7; T.C.A. § 55-24-207.
Tenn. Code Ann. § 55-17-123 — TN Code / Title 55 / Chapter 17 / Section 55-17-123
Exception for certain transactions
Status: in_force

(a) Notwithstanding § 55-17-109 or § 55-17-114 , the transactions authorized by this section are permitted. (b) As used in this section: (1) "Line-make" means motor vehicles of the same trade name for which separate dealership franchises are granted; (2) "Producer" means any person, including related business entities, that manufactures or assembles new and unused motor vehicles in this state, and qualifies for the tax credit provided in § 67-4-2109(b)(2)(B)(i) on June 17, 2005; and (3) "Related business entity" means any person that has more than thirty-five percent (35%) direct or indirect ownership interest in a producer on June 17, 2005, or is a one hundred percent (100%) owned subsidiary of a person who owns a one hundred percent (100%) interest in a producer on June 17, 2005. (c) (1) (A) A producer of motor vehicles may lease no more than four (4) motor vehicles, and provide any maintenance ancillary to the motor vehicles, of the same line-make as the producer or any related business entity produces, to each eligible employee of the producer, under no less than a twelve-month closed-end lease; provided, that the total number of vehicles so leased to such eligible employees in this state shall not exceed the producer's total number of eligible employees in this state. (B) For purposes of this section, an "eligible employee" includes: (i) Each full-time employee, as defined in § 67-6-394(c) , on producer's payroll; and (ii) Each employee, as defined under § 414(n) of the Internal Revenue Code ( 26 U.S.C. § 414(n) ), or ( 29 U.S.C. § 1002(6) ) as such section exists as of April 23, 2013, of the producer who regularly works onsite at one (1) of the producer's facilities in this state. (2) Any motor vehicle that is subject to a lease permitted under this subsection (c) shall be purchased by the producer from any dealer of the same line-make as the leased motor vehicle. (d) (1) At the termination of any lease permitted under subsection (c), the motor vehicle may be held by the producer for no longer than ten (10) business days and shall be sold through a dealer that sells new and unused motor vehicles of the same line-make, to an eligible employee of the producer. Each eligible employee shall be entitled to purchase no more than one (1) motor vehicle per twelve-month period and must title the vehicle in the employee's name and shall retain the motor vehicle for no less than one hundred eighty (180) days from date of purchase. (2) Any motor vehicle not purchased by an eligible employee may be sold directly to any same line-make franchised dealer in the state that processes the vehicles and serves as a designated return point by the producer for the motor vehicles. Each same line-make franchised dealer that acts as a designated return point shall be entitled to purchase not more than thirty (30) motor vehicles of the same line-make returned from an employee lease per month and is prohibited from selling the vehicle wholesale for ninety (90) days from the time the vehicle is purchased by the franchised dealer. (3) Thereafter, those motor vehicles not purchased shall be sold at an auction limited to any franchised dealer that sells new or unused motor vehicles of the same line-make as those being auctioned. Amended by 2015 Tenn. Acts, ch. 372, s 1, eff. 5/4/2015. Amended by 2014 Tenn. Acts, ch. 952,s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 258, Secs.s 1, s 2, s 3, s 4, s 5 eff. 4/23/2013. Acts 1987, ch. 435, § 1; 2005, ch. 443, §§ 1 - 3; 2006, ch. 511, §§ 1, 2; 2007 , ch. 181, § 1; 2009 , ch. 530, §§ 12, 13.
(a) Notwithstanding § 55-17-109 or § 55-17-114 , the transactions authorized by this section are permitted.
(b) As used in this section: (1) "Line-make" means motor vehicles of the same trade name for which separate dealership franchises are granted; (2) "Producer" means any person, including related business entities, that manufactures or assembles new and unused motor vehicles in this state, and qualifies for the tax credit provided in § 67-4-2109(b)(2)(B)(i) on June 17, 2005; and (3) "Related business entity" means any person that has more than thirty-five percent (35%) direct or indirect ownership interest in a producer on June 17, 2005, or is a one hundred percent (100%) owned subsidiary of a person who owns a one hundred percent (100%) interest in a producer on June 17, 2005.
(1) "Line-make" means motor vehicles of the same trade name for which separate dealership franchises are granted;
(2) "Producer" means any person, including related business entities, that manufactures or assembles new and unused motor vehicles in this state, and qualifies for the tax credit provided in § 67-4-2109(b)(2)(B)(i) on June 17, 2005; and
(3) "Related business entity" means any person that has more than thirty-five percent (35%) direct or indirect ownership interest in a producer on June 17, 2005, or is a one hundred percent (100%) owned subsidiary of a person who owns a one hundred percent (100%) interest in a producer on June 17, 2005.
(c) (1) (A) A producer of motor vehicles may lease no more than four (4) motor vehicles, and provide any maintenance ancillary to the motor vehicles, of the same line-make as the producer or any related business entity produces, to each eligible employee of the producer, under no less than a twelve-month closed-end lease; provided, that the total number of vehicles so leased to such eligible employees in this state shall not exceed the producer's total number of eligible employees in this state. (B) For purposes of this section, an "eligible employee" includes: (i) Each full-time employee, as defined in § 67-6-394(c) , on producer's payroll; and (ii) Each employee, as defined under § 414(n) of the Internal Revenue Code ( 26 U.S.C. § 414(n) ), or ( 29 U.S.C. § 1002(6) ) as such section exists as of April 23, 2013, of the producer who regularly works onsite at one (1) of the producer's facilities in this state. (2) Any motor vehicle that is subject to a lease permitted under this subsection (c) shall be purchased by the producer from any dealer of the same line-make as the leased motor vehicle.
(1) (A) A producer of motor vehicles may lease no more than four (4) motor vehicles, and provide any maintenance ancillary to the motor vehicles, of the same line-make as the producer or any related business entity produces, to each eligible employee of the producer, under no less than a twelve-month closed-end lease; provided, that the total number of vehicles so leased to such eligible employees in this state shall not exceed the producer's total number of eligible employees in this state. (B) For purposes of this section, an "eligible employee" includes: (i) Each full-time employee, as defined in § 67-6-394(c) , on producer's payroll; and (ii) Each employee, as defined under § 414(n) of the Internal Revenue Code ( 26 U.S.C. § 414(n) ), or ( 29 U.S.C. § 1002(6) ) as such section exists as of April 23, 2013, of the producer who regularly works onsite at one (1) of the producer's facilities in this state.
(A) A producer of motor vehicles may lease no more than four (4) motor vehicles, and provide any maintenance ancillary to the motor vehicles, of the same line-make as the producer or any related business entity produces, to each eligible employee of the producer, under no less than a twelve-month closed-end lease; provided, that the total number of vehicles so leased to such eligible employees in this state shall not exceed the producer's total number of eligible employees in this state.
(B) For purposes of this section, an "eligible employee" includes: (i) Each full-time employee, as defined in § 67-6-394(c) , on producer's payroll; and (ii) Each employee, as defined under § 414(n) of the Internal Revenue Code ( 26 U.S.C. § 414(n) ), or ( 29 U.S.C. § 1002(6) ) as such section exists as of April 23, 2013, of the producer who regularly works onsite at one (1) of the producer's facilities in this state.
(i) Each full-time employee, as defined in § 67-6-394(c) , on producer's payroll; and
(ii) Each employee, as defined under § 414(n) of the Internal Revenue Code ( 26 U.S.C. § 414(n) ), or ( 29 U.S.C. § 1002(6) ) as such section exists as of April 23, 2013, of the producer who regularly works onsite at one (1) of the producer's facilities in this state.
(2) Any motor vehicle that is subject to a lease permitted under this subsection (c) shall be purchased by the producer from any dealer of the same line-make as the leased motor vehicle.
(d) (1) At the termination of any lease permitted under subsection (c), the motor vehicle may be held by the producer for no longer than ten (10) business days and shall be sold through a dealer that sells new and unused motor vehicles of the same line-make, to an eligible employee of the producer. Each eligible employee shall be entitled to purchase no more than one (1) motor vehicle per twelve-month period and must title the vehicle in the employee's name and shall retain the motor vehicle for no less than one hundred eighty (180) days from date of purchase. (2) Any motor vehicle not purchased by an eligible employee may be sold directly to any same line-make franchised dealer in the state that processes the vehicles and serves as a designated return point by the producer for the motor vehicles. Each same line-make franchised dealer that acts as a designated return point shall be entitled to purchase not more than thirty (30) motor vehicles of the same line-make returned from an employee lease per month and is prohibited from selling the vehicle wholesale for ninety (90) days from the time the vehicle is purchased by the franchised dealer. (3) Thereafter, those motor vehicles not purchased shall be sold at an auction limited to any franchised dealer that sells new or unused motor vehicles of the same line-make as those being auctioned.
(1) At the termination of any lease permitted under subsection (c), the motor vehicle may be held by the producer for no longer than ten (10) business days and shall be sold through a dealer that sells new and unused motor vehicles of the same line-make, to an eligible employee of the producer. Each eligible employee shall be entitled to purchase no more than one (1) motor vehicle per twelve-month period and must title the vehicle in the employee's name and shall retain the motor vehicle for no less than one hundred eighty (180) days from date of purchase.
(2) Any motor vehicle not purchased by an eligible employee may be sold directly to any same line-make franchised dealer in the state that processes the vehicles and serves as a designated return point by the producer for the motor vehicles. Each same line-make franchised dealer that acts as a designated return point shall be entitled to purchase not more than thirty (30) motor vehicles of the same line-make returned from an employee lease per month and is prohibited from selling the vehicle wholesale for ninety (90) days from the time the vehicle is purchased by the franchised dealer.
(3) Thereafter, those motor vehicles not purchased shall be sold at an auction limited to any franchised dealer that sells new or unused motor vehicles of the same line-make as those being auctioned.
Amended by 2015 Tenn. Acts, ch. 372, s 1, eff. 5/4/2015.
Amended by 2014 Tenn. Acts, ch. 952,s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 258, Secs.s 1, s 2, s 3, s 4, s 5 eff. 4/23/2013.
Acts 1987, ch. 435, § 1; 2005, ch. 443, §§ 1 - 3; 2006, ch. 511, §§ 1, 2; 2007 , ch. 181, § 1; 2009 , ch. 530, §§ 12, 13.
Tenn. Code Ann. § 55-29-103 — TN Code / Title 55 / Chapter 29 / Section 55-29-103
Recall database report
Status: in_force

(a) A motor vehicle dealer shall not sell at retail a used motor vehicle until the motor vehicle dealer has obtained a recall database report for the used motor vehicle. The recall database report shall not be older than forty-eight (48) hours prior to the sale of the used motor vehicle. This chapter does not apply to any wholesale transfers of a motor vehicle between dealers licensed in this state, motor vehicle dealers similarly licensed in other states, automobile auctions, and manufacturers. (b) If a recall database report obtained by a motor vehicle dealer indicates that a used motor vehicle is subject to a do-not-drive recall or a stop-sale order, the dealer shall not sell the used motor vehicle at retail until the do-not-drive or stop-sale recall repair has been made. (c) (1) If a recall database report obtained by a dealer indicates that a used motor vehicle is subject to a manufacturer's safety recall other than a used motor vehicle subject to a do-not-drive or stop-sale order that has not been repaired, the dealer shall not sell the used motor vehicle at retail unless the dealer makes the recall repair or both of the following are satisfied: (A) The dealer discloses the manufacturer's safety recall by providing a copy of the recall database report to the consumer prior to the sale of the used motor vehicle; and (B) The consumer signs a disclosure acknowledging that the used motor vehicle has a manufacturer's safety recall that has not been repaired. (2) To comply with subdivision (c)(1)(B), a recall database report that indicates the used motor vehicle is subject to a manufacturer's safety recall and the recall repair has not been made shall be disclosed to the consumer in a document that is signed by the consumer and is separate from the conditional sales contract or other motor vehicle purchase agreement. (3) The recall database disclosure form required by subdivision (c)(2) shall be provided to the consumer as a separate document, be labeled at the top of the first page with the word "RECALL" in boldface and no smaller than twenty-eight (28) point font size, and contain the following: DISCLOSURE OF RECALL INFORMATION VEHICLE: MAKE:__________________MODEL:____________________ YEAR:___________________VIN:_______________________ For your safety we have performed a recall search on the website of the National Highway Traffic Safety Administration (NHTSA) (www.safercar.gov). The results of that search and the date it was performed are attached to this notice. It is our information that the recall repairs have not been performed. You must also be aware that the manufacturer of this vehicle may have "campaigns" or "service bulletins" regarding this vehicle that you should check through either www.safercar.gov or the manufacturer's website. The NHTSA website may not be up to date, so you need to periodically check. Date:____________________________________________________________ Customer:________________________________________________________ Print Name: ______________________________________________________ Date:____________________________________________________________ Co-Buyer:________________________________________________________ Print Name: ______________________________________________________ Date:____________________________________________________________ Dealer:__________________________________________________________ Print Name: ______________________________________________________ (4) Compliance with this section shall not be waived by any consumer. (5) The execution or signing of a Disclosure of Recall Information form by a purchaser of a used motor vehicle and the executed form itself shall not be admitted as evidence in any products liability case against the manufacturer. Added by 2017 Tenn. Acts, ch. 306, s 1, eff. 1/1/2018.
(a) A motor vehicle dealer shall not sell at retail a used motor vehicle until the motor vehicle dealer has obtained a recall database report for the used motor vehicle. The recall database report shall not be older than forty-eight (48) hours prior to the sale of the used motor vehicle. This chapter does not apply to any wholesale transfers of a motor vehicle between dealers licensed in this state, motor vehicle dealers similarly licensed in other states, automobile auctions, and manufacturers.
(b) If a recall database report obtained by a motor vehicle dealer indicates that a used motor vehicle is subject to a do-not-drive recall or a stop-sale order, the dealer shall not sell the used motor vehicle at retail until the do-not-drive or stop-sale recall repair has been made.
(c) (1) If a recall database report obtained by a dealer indicates that a used motor vehicle is subject to a manufacturer's safety recall other than a used motor vehicle subject to a do-not-drive or stop-sale order that has not been repaired, the dealer shall not sell the used motor vehicle at retail unless the dealer makes the recall repair or both of the following are satisfied: (A) The dealer discloses the manufacturer's safety recall by providing a copy of the recall database report to the consumer prior to the sale of the used motor vehicle; and (B) The consumer signs a disclosure acknowledging that the used motor vehicle has a manufacturer's safety recall that has not been repaired. (2) To comply with subdivision (c)(1)(B), a recall database report that indicates the used motor vehicle is subject to a manufacturer's safety recall and the recall repair has not been made shall be disclosed to the consumer in a document that is signed by the consumer and is separate from the conditional sales contract or other motor vehicle purchase agreement. (3) The recall database disclosure form required by subdivision (c)(2) shall be provided to the consumer as a separate document, be labeled at the top of the first page with the word "RECALL" in boldface and no smaller than twenty-eight (28) point font size, and contain the following: DISCLOSURE OF RECALL INFORMATION VEHICLE: MAKE:__________________MODEL:____________________ YEAR:___________________VIN:_______________________ For your safety we have performed a recall search on the website of the National Highway Traffic Safety Administration (NHTSA) (www.safercar.gov). The results of that search and the date it was performed are attached to this notice. It is our information that the recall repairs have not been performed. You must also be aware that the manufacturer of this vehicle may have "campaigns" or "service bulletins" regarding this vehicle that you should check through either www.safercar.gov or the manufacturer's website. The NHTSA website may not be up to date, so you need to periodically check. Date:____________________________________________________________ Customer:________________________________________________________ Print Name: ______________________________________________________ Date:____________________________________________________________ Co-Buyer:________________________________________________________ Print Name: ______________________________________________________ Date:____________________________________________________________ Dealer:__________________________________________________________ Print Name: ______________________________________________________ (4) Compliance with this section shall not be waived by any consumer. (5) The execution or signing of a Disclosure of Recall Information form by a purchaser of a used motor vehicle and the executed form itself shall not be admitted as evidence in any products liability case against the manufacturer.
(1) If a recall database report obtained by a dealer indicates that a used motor vehicle is subject to a manufacturer's safety recall other than a used motor vehicle subject to a do-not-drive or stop-sale order that has not been repaired, the dealer shall not sell the used motor vehicle at retail unless the dealer makes the recall repair or both of the following are satisfied: (A) The dealer discloses the manufacturer's safety recall by providing a copy of the recall database report to the consumer prior to the sale of the used motor vehicle; and (B) The consumer signs a disclosure acknowledging that the used motor vehicle has a manufacturer's safety recall that has not been repaired.
(A) The dealer discloses the manufacturer's safety recall by providing a copy of the recall database report to the consumer prior to the sale of the used motor vehicle; and
(B) The consumer signs a disclosure acknowledging that the used motor vehicle has a manufacturer's safety recall that has not been repaired.
(2) To comply with subdivision (c)(1)(B), a recall database report that indicates the used motor vehicle is subject to a manufacturer's safety recall and the recall repair has not been made shall be disclosed to the consumer in a document that is signed by the consumer and is separate from the conditional sales contract or other motor vehicle purchase agreement.
(3) The recall database disclosure form required by subdivision (c)(2) shall be provided to the consumer as a separate document, be labeled at the top of the first page with the word "RECALL" in boldface and no smaller than twenty-eight (28) point font size, and contain the following: DISCLOSURE OF RECALL INFORMATION VEHICLE: MAKE:__________________MODEL:____________________ YEAR:___________________VIN:_______________________ For your safety we have performed a recall search on the website of the National Highway Traffic Safety Administration (NHTSA) (www.safercar.gov). The results of that search and the date it was performed are attached to this notice. It is our information that the recall repairs have not been performed. You must also be aware that the manufacturer of this vehicle may have "campaigns" or "service bulletins" regarding this vehicle that you should check through either www.safercar.gov or the manufacturer's website. The NHTSA website may not be up to date, so you need to periodically check. Date:____________________________________________________________ Customer:________________________________________________________ Print Name: ______________________________________________________ Date:____________________________________________________________ Co-Buyer:________________________________________________________ Print Name: ______________________________________________________ Date:____________________________________________________________ Dealer:__________________________________________________________ Print Name: ______________________________________________________
DISCLOSURE OF RECALL INFORMATION
VEHICLE: MAKE:__________________MODEL:____________________
YEAR:___________________VIN:_______________________
For your safety we have performed a recall search on the website of the National Highway Traffic Safety Administration (NHTSA) (www.safercar.gov). The results of that search and the date it was performed are attached to this notice.
It is our information that the recall repairs have not been performed.
You must also be aware that the manufacturer of this vehicle may have "campaigns" or "service bulletins" regarding this vehicle that you should check through either www.safercar.gov or the manufacturer's website. The NHTSA website may not be up to date, so you need to periodically check.
Date:____________________________________________________________
Customer:________________________________________________________
Print Name: ______________________________________________________
Date:____________________________________________________________
Co-Buyer:________________________________________________________
Print Name: ______________________________________________________
Date:____________________________________________________________
Dealer:__________________________________________________________
Print Name: ______________________________________________________
(4) Compliance with this section shall not be waived by any consumer.
(5) The execution or signing of a Disclosure of Recall Information form by a purchaser of a used motor vehicle and the executed form itself shall not be admitted as evidence in any products liability case against the manufacturer.
Added by 2017 Tenn. Acts, ch. 306, s 1, eff. 1/1/2018.