2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 12 - FINANCIAL RESPONSIBILITY LAW (§§ 55-12-101 — 55-12-311) › Part 2 - JAMES LEE ATWOOD JR. LAW (§§ 55-12-201 — 55-12-215) › Section 55-12-210 - Notice to motor vehicle owner of noncompliance - Penalties for failure to comply within specified time - Prohibition against false or fraudulent statements - Part does not affect other actions or penalties - Eligibility for notice

(a)
(1)
If there is evidence based on either the IICMVA model or the full book of business download process described in §
55-12-207
that a motor vehicle is not insured, the department of revenue shall, or shall direct its designated agent to, provide notice to the owner of the motor vehicle that the owner has thirty (30) days from the date of the notice to provide to the department of revenue:
(A)
The owner or operator's proof of financial security in a form approved by the department of revenue;
(B)
Proof of exemption from the owner or operator's financial security requirements under this chapter;
(C)
Proof that the motor vehicle is no longer in the owner's possession; or
(D)
A statement, under penalty of perjury, that the vehicle is not in use on any public road.
(2)
The notice described in subdivision (a)(1) shall include a statement that if the owner of the motor vehicle fails to comply with the requirements set forth in the notice, the owner of the motor vehicle shall be subject to a twenty-five-dollar coverage failure fee. The department of revenue or its designated agent shall transmit the notice to the owner of the motor vehicle by mailing the notice to the most recent street address or electronic mail address provided to the department of revenue by the owner.
(3)
Prior to issuing the notice described in this subsection (a), the department of revenue is authorized to provide a request for information to the owner of the motor vehicle to aid in determining whether the vehicle is uninsured.
(4)
Notwithstanding subdivision (a)(1), if the total number of notices required to be provided under this section in a given period is determined by the department of revenue to be administratively prohibitive, the department of revenue is authorized to provide notices to an administratively practicable number of motor vehicle owners, each of whom shall be selected randomly.
(b)
(1)
If an owner of a motor vehicle fails to provide satisfactory proof or a statement as described in subsection (a), the department of revenue shall:
(A)
Impose on the owner of the motor vehicle a twenty-five-dollar coverage failure fee. Of this fee, five dollars ($5.00) shall be distributed to the county clerk of the county in which the motor vehicle is registered, five dollars ($5.00) shall be distributed to the department of safety, and the remainder shall be deposited into the uninsured motorist identification restricted fund created in §
55-12-213
. The revenues distributed to the county clerk shall be earmarked for the county clerk's work in administration of the vehicle insurance verification program and shall not revert to the general fund at the end of the budget year if unexpended; and
(B)
Provide a notice to the owner of the motor vehicle stating that the owner must pay the coverage failure fee described in subdivision (b)(1)(A) and provide satisfactory proof or a statement as described in subsection (a) within thirty (30) days of the date of the notice.
(2)
The notice described in subdivision (b)(1)(B) shall include a statement that if the owner of the motor vehicle fails to comply with the requirements set forth in the notice, the owner of the motor vehicle shall be subject to a one hundred-dollar continued coverage failure fee and suspension or revocation of the owner's motor vehicle registration.
(c)
If the owner of the motor vehicle fails to comply with the notice described in subdivision (b)(1)(B), the department of revenue:
(1)
Shall impose on the owner of the motor vehicle a one hundred-dollar continued coverage failure fee, which shall be in addition to the coverage failure fee imposed under subdivision (b)(1)(A). Of this continued coverage failure fee, ten dollars ($10.00) shall be distributed to the county clerk of the county in which the motor vehicle is registered, five dollars ($5.00) shall be distributed to the department of safety, and the remainder shall be deposited into the uninsured motorist identification restricted fund created in §
55-12-213
. The revenues distributed to the county clerk shall be earmarked for the county clerk's work in administration of the vehicle insurance verification program and shall not revert to the general fund at the end of the budget year if unexpended;
(2)
Shall suspend or revoke the motor vehicle owner's registration; and
(3)
(A)
Shall provide notice to the motor vehicle owner of the legal consequences of operating a motor vehicle with a suspended or revoked registration and without owner or operator's proof of financial security as required by this chapter, and instructions on how to effect the reinstatement of the motor vehicle owner's registration; or
(B)
May direct a designated agent to provide the notice and instructions described in this subdivision (c)(3).
(d)
Any action by the department of revenue to suspend or revoke the registration of a motor vehicle under this section may be in addition to an action by a law enforcement agency to impose penalties under this chapter.
(e)
(1)
A person shall not provide a false or fraudulent statement to the department of revenue or its designated agent.
(2)
In addition to any other penalties, a violation of subdivision (e)(1) is a Class B misdemeanor.
(f)
This part does not affect other actions or penalties that may be taken or imposed for violation of the owner or operator's financial security requirements of this chapter.
(g)
If the vehicle is no longer insured by the automobile liability insurer of record and no other insurance company using the IICMVA model indicates coverage after an unknown carrier request under §
55-12-205(3)
, the owner of the motor vehicle becomes eligible for notice as described in subsections (a) and (b).
Amended by 2017 Tenn. Acts, ch. 8,Secs.s2, s3 eff. 3/22/2017.
Added by 2015 Tenn. Acts, ch. 511,s 1, eff. 1/1/2016.