reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 4 - ALCOHOL AND DRUG RELATED OFFENSES (§§ 55-10-NEW — 55-10-427) › Section 55-10-416 - Open container law

(a)
(1)
No driver shall consume any alcoholic beverage or beer or possess an open container of alcoholic beverage or beer while operating a motor vehicle in this state.
(2)
For purposes of this section:
(A)
"Open container" means any container containing alcoholic beverages or beer, the contents of which are immediately capable of being consumed or the seal of which has been broken;
(B)
An open container is in the possession of the driver when it is not in the possession of any passenger and is not located in a closed glove compartment, trunk or other nonpassenger area of the vehicle; and
(C)
A motor vehicle is in operation if its engine is operating, whether or not the motor vehicle is moving.
(b)
(1)
A violation of this section is a Class C misdemeanor, punishable by fine only.
(2)
For a violation of this section, a law enforcement officer shall issue a citation in lieu of continued custody, unless the offender refuses to sign and accept the citation, as provided in §
40-7-118
.
(c)
This section shall not be construed to prohibit any municipality, by ordinance, or any county, by resolution, from prohibiting the passengers in a motor vehicle from consuming or possessing an alcoholic beverage or beer in an open container during the operation of the vehicle by its driver, or be construed to limit the penalties authorized by law for violation of the ordinance or resolution.
Acts 1994, ch. 638, § 1.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 4 - ALCOHOL AND DRUG RELATED OFFENSES (§§ 55-10-NEW — 55-10-427) › Section 55-10-421 - Adult driving while impaired

(a)
Effective July 1, 2003, the offense of adult driving while impaired is repealed.
(b)
Nothing in the repeal of the offense of adult driving while impaired shall be construed to prohibit or prevent the use of any conviction for the offense occurring prior to July 1, 2003, for any of the purposes set out in §
55-10-405
, §
55-10-406
, §
55-10-409
, §
55-10-411(b)(2)
, §
55-10-603(2)(A)(x)
or §
55-50-502(c)(3)(B)(ii)
.
Amended by 2013 Tenn. Acts, ch. 154, s 20, eff. 7/1/2013.
Acts 2010 , ch. 921, § 12; 2011 , ch. 298, § 8.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 4 - ALCOHOL AND DRUG RELATED OFFENSES (§§ 55-10-NEW — 55-10-427) › Section 55-10-422 - Program development fee required for applicants for restricted license for vehicle with ignition interlock device

A person whose license has been suspended pursuant to this part and who applies for a restricted license to operate only a motor vehicle that is equipped with a functioning ignition interlock device shall be required to pay a program development fee of eight dollars ($8.00). The fee required by this section shall terminate on June 30, 2014.
Added by 2013 Tenn. Acts, ch. 344,s 20, eff. 5/13/2013.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 4 - ALCOHOL AND DRUG RELATED OFFENSES (§§ 55-10-NEW — 55-10-427) › Section 55-10-423 - Confidentiality of information about interlock program participant

All documents, records, identifying information, monitoring data or results and other information recorded, collected, maintained, transmitted or stored by an ignition interlock provider about or concerning an interlock program participant is confidential and not available for public inspection. All such information shall retain its confidentiality when it is transmitted, electronically or otherwise, maintained and stored, examined or used by a monitoring authority. Only authorized employees of an ignition interlock provider or monitoring authority may view any document made confidential by this section.
Added by 2013 Tenn. Acts, ch. 344,s 20, eff. 5/13/2013.
Prior version repealed by 2013 Tenn. Acts, ch. 154,s 22, eff. 7/1/2013.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 4 - ALCOHOL AND DRUG RELATED OFFENSES (§§ 55-10-NEW — 55-10-427) › Section 55-10-424 - "Transdermal monitoring device" defined

As used in this part, "transdermal monitoring device" means any device or instrument that is attached to the person, designed to automatically test the alcohol or drug content in a person by contact with the person's skin at least once per one-half (1/2) hour regardless of the person's location, and which detects the presence of alcohol or drugs and tampering, obstructing, or removing the device.
Acts 2014 , ch. 567, § 5.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 4 - ALCOHOL AND DRUG RELATED OFFENSES (§§ 55-10-NEW — 55-10-427) › Section 55-10-427 - Silas Gable Flatt Law - Providing vehicle to intoxicated individuals or individuals with suspended or revoked license - Penalty

(a)
It is an offense for a person to knowingly provide a motor vehicle to another person who the provider of the vehicle knows or reasonably should know is under the influence of an intoxicant, marijuana, controlled substance, controlled substance analogue, drug, substance affecting the central nervous system, or combination thereof.
(b)
It is an offense for a person to knowingly provide a motor vehicle to another person who the provider of the vehicle knows or reasonably should know is a person whose driver license has been suspended or revoked by the court pursuant to §
55-10-404
unless:
(1)
The person receiving the motor vehicle has been granted a restricted driver license pursuant to §
55-10-409
; and
(2)
The motor vehicle is being provided for a purpose permissible under the court order granting the person's restricted driver license.
(c)
(1)
A person who violates this section commits a Class A misdemeanor.
(2)
If the violation is the person's first violation, then 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, then 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, then the person shall be sentenced to a minimum of seven (7) consecutive days of incarceration.
Added by 2023 Tenn. Acts, ch. 243, s 2, eff. 7/1/2023.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 5 - DRAG RACING (§§ 55-10-501 — 55-10-503) › Section 55-10-501 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Drag racing" means:
(A)
The use of any motor vehicle for the purpose of ascertaining the maximum speed obtainable by the vehicle;
(B)
The use of any motor vehicle for the purpose of ascertaining the highest obtainable speed of the vehicle within a certain distance or within a certain time limit;
(C)
The use of any one (1) or more motor vehicles for the purpose of comparing the relative speeds of the vehicle or vehicles, or for comparing the relative speeds of the vehicle or vehicles within a certain distance or within a certain time limit;
(D)
The use of one (1) or more motor vehicles in an attempt to outgain, outdistance or to arrive at a given destination simultaneous with or prior to that of any other motor vehicle; or
(E)
The use of any motor vehicle for the purpose of the accepting of, or the carrying out of any challenge, made orally, in writing, or otherwise, made or received with reference to the performance abilities of one (1) or more motor vehicles;
(2)
"Participant" means that person or persons who operate any motor vehicle or motor vehicles upon the public highways of this state, or that of any municipality or political subdivision thereof, for the purpose of drag racing, and also any person or persons who arrange for, supervise, or in any way and manner set in motion any drag racing, regardless of whether or not such person or persons may be the operator of, or be a passenger in, any motor vehicle participating in drag racing; and
(3)
"Public highways" means all of the streets, roads, highways, expressways, bridges and viaducts, including any and all adjacent rights-of-way, that are owned, constructed, and/or maintained by the state, and/or any municipality or political subdivision of the state, and any and all highways, roads, streets, etc., that have been dedicated to the public use.
Acts 1959, ch. 115, § 1; T.C.A., § 59-1040.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 5 - DRAG RACING (§§ 55-10-501 — 55-10-503) › Section 55-10-502 - Drag racing - Penalties

(a)
Drag racing is a Class E felony, and any person who operates a motor vehicle upon the public highways of this state, or while on the premises of any shopping center, trailer park, any apartment house complex, or any other premises generally frequented by the public at large, or who is a participant therein, for the purpose of drag racing commits the offense of drag racing unless the premises are properly licensed for this purpose.
(b)
If the violation of subsection (a) results in the serious bodily injury of a participant, passenger, bystander or other person, drag racing shall be punished as provided in §
39-13-106(b)
for vehicular assault.
(c)
Any motor vehicle used to commit the offense of drag racing or to flee after commission of the offense of drag racing is, upon conviction for the offense, subject to seizure and forfeiture as provided in title 40, chapter 33, part 1.
Amended by 2024 Tenn. Acts, ch. 1000,s 1, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 573, s 1, eff. 7/1/2021.
Acts 1959, ch. 115, § 2; T.C.A., § 59-1041; Acts 1986, ch. 842, § 14; 1989, ch. 591, § 112; 2006, ch. 971, § 4.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 5 - DRAG RACING (§§ 55-10-501 — 55-10-503) › Section 55-10-503 - Additional penalties - Restricted licenses - Revocation of license

(a)
(1)
In addition to the punishment prescribed in §
55-10-502
, the department shall revoke, for a period of one (1) year, the driver license of any person or persons convicted of drag racing.
(2)
Notwithstanding subdivision (a)(1), the trial judge has the discretion to allow the continued use of a restricted motor vehicle operator's license or order the issuance of a restricted motor vehicle operator's license to a person convicted of drag racing for the first time to the same extent, for the same purposes, under the same conditions and in the same manner as is authorized in §
55-10-409
for persons convicted for the first time of driving under the influence of an intoxicant.
(b)
In addition to the punishment prescribed in subdivision (a)(1), the department shall permanently revoke the driver license of any person or persons convicted of drag racing for the second time within a ten-year period, and the person or persons shall not thereafter be entitled to drive or operate a motor vehicle upon any public highway of this state.
Amended by 2013 Tenn. Acts, ch. 154,s 42, eff. 7/1/2013.
Acts 1959, ch. 115, § 3; T.C.A., § 59-1042; Acts 1986, ch. 842, § 15; 1987, ch. 407, § 1.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 6 - MOTOR VEHICLE HABITUAL OFFENDERS ACT (§ 55-10-601) › Section 55-10-601 - Petition for reinstatement of license by motor vehicle habitual offender

A person whose driver license has been revoked or restricted due solely to the person's status as a motor vehicle habitual offender prior to July 1, 2019, may petition the court that originally made such a finding to reinstate the person's driver license. Upon receiving a petition for a reinstated driver license, the court shall determine whether the person's driver license was subject to revocation or restriction under prior law due solely to the person's status as a motor vehicle habitual offender and, if so, order the reinstatement of the person's driver license. The person may provide a copy of the court's order to the department of safety, which shall then reissue the person's driver license without restriction.
Amended by 2019 Tenn. Acts, ch. 486,s 3, eff. 1/1/2020.
Acts 1974, ch. 748, § 1; T.C.A., § 59-2101.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 7 - JUVENILE OFFENDER ACT (§§ 55-10-701 — 55-10-711) › Section 55-10-702 - Denial or suspension of driving privileges by department of safety

(a)
In addition to any other authority to suspend driving privileges under this chapter, the department of safety shall deny or suspend all driving privileges of any person upon receipt of an order of denial of driving privileges issued pursuant to §
55-10-701
. The suspension shall be imposed without a hearing. The driving privileges of the person shall be suspended in accordance with the following:
(1)
Upon receipt of the first order denying driving privileges, the department shall impose a suspension of one (1) year, or until the person reaches seventeen (17) years of age, whichever is longer; and
(2)
Upon receipt of a second or subsequent order denying driving privileges, the department shall impose a suspension of two (2) years or until the person reaches eighteen (18) years of age, whichever is longer.
(b)
If on appeal an underlying conviction or adjudication of an alcohol, wine, beer or drug offense, or weapons offense is overturned to an extent that nullifies the application of §
55-10-701
, the department, upon receipt of a certified copy of the final order, shall timely reinstate any driving privileges that were suspended or denied because of the issuance of the original order of denial.
Acts 1989, ch. 64, § 3; 1993, ch. 164, § 2.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 7 - JUVENILE OFFENDER ACT (§§ 55-10-701 — 55-10-711) › Section 55-10-703 - Withdrawal of denial order - Eligibility for driver license - Driver safety or alcohol education programs

If a court withdraws an order issued pursuant to §
55-10-701
, the offender may obtain a certified copy of the order of withdrawal and within ten (10) days after it is issued present it, along with an application fee of twenty dollars ($20.00), to the department of safety, and the offender shall become eligible to receive a Tennessee driver license upon reaching proper age, complying with all testing requirements and paying all other driver license fees. Additionally, before an offender becomes eligible to receive a driver license under this section, the court shall require the offender to complete, to the court's satisfaction, a driver's safety course certified by the department or an early intervention program or a youth alcohol safety education program certified by the department of mental health and substance abuse services or weapons safety course certified by the department of safety.
Acts 1989, ch. 64, § 4; 1993, ch. 164, § 3; 2000, ch. 947, § 6; 2010, ch. 1100, § 89; 2012, ch. 575, § 1.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 7 - JUVENILE OFFENDER ACT (§§ 55-10-701 — 55-10-711) › Section 55-10-704 - Confiscation of offender's driver license

At the time of a conviction or adjudication by the court, the court shall remove from the offender's possession any Tennessee driver license currently held by the offender and forward it to the driver control division. If the offender is the holder of a driver license from another jurisdiction, the court shall not collect the offender's driver license, but shall notify the division of the conviction or adjudication and the division shall notify the appropriate individuals in the licensing jurisdiction. The court shall, however, in accordance with this part, send to the division an order of denial of driving privileges in this state.
Acts 1989, ch. 64, § 5.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 7 - JUVENILE OFFENDER ACT (§§ 55-10-701 — 55-10-711) › Section 55-10-706 - Expiration of denial period - Eligibility for license - Driver safety or alcohol education programs

(a)
On the expiration of the applicable period of denial set out in §
55-10-702(a)
, if a person has not become eligible to receive a license under §
55-10-703
, then, for a person to be eligible to receive a Tennessee driver license, the person must pay a twenty dollar ($20.00) reinstatement fee, comply with all testing requirements and pay all other driver license fees.
(b)
Additionally, before an offender becomes eligible to receive a driver license under this section, the court shall require the offender to complete, to the court's satisfaction, a driver safety course certified by the department of safety or an early intervention program or a youth alcohol safety education program certified by the department of mental health and substance abuse services or weapons safety course certified by the department of safety.
Acts 1989, ch. 64, § 7; 1993, ch. 164, § 4; 2000, ch. 947, § 6; 2010, ch. 1100, § 89; 2012, ch. 575, § 1.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 7 - JUVENILE OFFENDER ACT (§§ 55-10-701 — 55-10-711) › Section 55-10-707 - Construction of part - Penalties supplemental

(a)
This part shall not be construed to limit in any way §
55-50-303
or §
55-50-502
, nor to limit the power and authority of the department of safety to revoke or suspend a driver license under chapter 50 of this title.
(b)
The penalties imposed by this part shall be in addition to and supplemental to any other penalties imposed by law.
Acts 1989, ch. 64, § 11.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 7 - JUVENILE OFFENDER ACT (§§ 55-10-701 — 55-10-711) › Section 55-10-708 - Data search to determine offender status - Applicants for restricted license or removal of denial order

(a)
Notwithstanding any other provision of this part to the contrary, any district attorney general or assistant district attorney general shall be authorized to call upon the driver control division to search the data compiled for the purpose of ascertaining whether a person applying for a restricted license under this part or applying for a withdrawal of an order of denial under this part has had other orders of denial or restricted licenses issued.
(b)
Upon request of any district attorney general or assistant district attorney general, the driver control division shall send the requestor a certified copy of such other orders of denial or restricted licenses.
Acts 1989, ch. 64, § 8.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 7 - JUVENILE OFFENDER ACT (§§ 55-10-701 — 55-10-711) › Section 55-10-709 - Inspection of records

Any record developed pursuant to this part shall be subject to the same limited inspection provisions found in §§
37-1-153
and
37-1-154
.
Acts 1989, ch. 64, § 10.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 7 - JUVENILE OFFENDER ACT (§§ 55-10-701 — 55-10-711) › Section 55-10-710 - Provisions of part in pamphlets for schools and driver license examination manuals

The department of safety shall prepare a pamphlet describing this part for distribution to students in all schools. The department shall also describe this part in the driver manual used to prepare applicants for the license examination.
Acts 1989, ch. 64, § 9.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 7 - JUVENILE OFFENDER ACT (§§ 55-10-701 — 55-10-711) › Section 55-10-711 - Denial of driving privileges - Expunction from records - Requirements

If a person's driving privileges have been denied pursuant to this part, when the person becomes eighteen (18) years of age, all records relating to the denial maintained by the court in which the conviction or adjudication occurred and by the department of safety shall be expunged and the driving record maintained by the department on the person shall not reflect that a denial of driving privileges occurred. This section shall apply only upon the expiration of the denial or suspension previously ordered by the juvenile court judge and when all requirements for reinstatement have been met.
Acts 1991, ch. 473, § 5.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 8 - TENNESSEE UNATTENDED CHILDREN IN MOTOR VEHICLE SAFETY ACT (§§ 55-10-801 — 55-10-804) › Section 55-10-801 - Short title

This part shall be known and may be cited as the "Tennessee Unattended Children in Motor Vehicle Safety Act."
Acts 2007, ch. 214, § 2.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 8 - TENNESSEE UNATTENDED CHILDREN IN MOTOR VEHICLE SAFETY ACT (§§ 55-10-801 — 55-10-804) › Section 55-10-802 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Motor vehicle" means any self-propelled vehicle, including a truck, truck tractor, motor bus, or other vehicle not operated exclusively or driven on fixed rails or tracks; and
(2)
"Unattended child" means a child younger than seven (7) years of age who is not accompanied by another person who is at least thirteen (13) years of age.
Acts 2007, ch. 214, § 3.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 8 - TENNESSEE UNATTENDED CHILDREN IN MOTOR VEHICLE SAFETY ACT (§§ 55-10-801 — 55-10-804) › Section 55-10-803 - Offense of leaving child unattended in motor vehicle - Penalty

(a)
It is an offense for a person responsible for a child younger than seven (7) years of age to knowingly leave that child in a motor vehicle located on public property or while on the premises of any shopping center, trailer park, or any apartment house complex, or any other premises that is generally frequented by the public at large without being supervised in the motor vehicle by a person who is at least thirteen (13) years of age, if:
(1)
The conditions present a risk to the child's health or safety;
(2)
The engine of the motor vehicle is running; or
(3)
The keys to the motor vehicle are located anywhere inside the passenger compartment of the vehicle.
(b)
A violation of this section is a Class B misdemeanor punishable only by a fine of two hundred dollars ($200) for the first offense.
(c)
A second or subsequent violation of this section is a Class B misdemeanor punishable only by a fine of five hundred dollars ($500).
Acts 2007, ch. 214, § 4.
2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 10 - ACCIDENTS, ARRESTS, CRIMES AND PENALTIES (§§ 55-10-101 — 55-10-804) › Part 8 - TENNESSEE UNATTENDED CHILDREN IN MOTOR VEHICLE SAFETY ACT (§§ 55-10-801 — 55-10-804) › Section 55-10-804 - Community education course for violators

(a)
Any person violating this part may be required, at the discretion of the court, to attend a community education course approved by the department of safety that includes education on the dangers of leaving young children unattended in motor vehicles in addition to or in lieu of any portion of other penalty imposed. If the course is approved by the department, it may be operated and conducted by a:
(1)
County, municipality or other entity of local government;
(2)
Nonprofit organization as defined by the Internal Revenue Code (
26 U.S.C. § 501(c)(3)
); or
(3)
Private entity that:
(A)
Is licensed by the secretary of state to conduct business in this state, if required of the entity by state law;
(B)
Is registered with the department of revenue for all applicable taxes; and
(C)
Conducts at least two (2) courses per calendar year, whether in person or online.
(b)
A reasonable fee between fifty dollars ($50.00) and one hundred seventy-five dollars ($175) may be assessed for the community education course. No fee shall be assessed upon proof of a person's inability to pay. The fee shall apply only to community education courses that may be required pursuant to this section, and shall not apply to any program offered pursuant to title 49, chapter 1, or to any other driving instruction school.
(c)
By operating a community education course pursuant to subsection (a), the entity operating or conducting the course consents to the inspection of all records concerning the course by the department of safety; provided, that inspection made pursuant to this subsection (c) shall not preclude inspection of any records pursuant to any other applicable law.
(d)
Each court clerk shall provide a list of approved entities in the county to any person ordered to attend a community education course.
(e)
Nothing in this section shall be construed to prohibit prosecution under any other law.
Amended by 2021 Tenn. Acts, ch. 220, s 2, eff. 4/22/2021.
Acts 2007 , ch. 214, § 5.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-101 - Short title

This part shall be known and may be cited as the "Tennessee Financial Responsibility Law of 1977."
Acts 1977, ch. 446, § 1; T.C.A., § 59-1251.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-103 - Administration - Enforcement - Rules and regulations - Appeals - Judicial review

(a)
Except as otherwise specifically provided, the commissioner shall administer and enforce this chapter, may make rules and regulations necessary for its administration, and shall provide for hearings upon request of persons aggrieved by orders or acts of the commissioner under this chapter; provided, that the requests are made within twenty (20) days following the order or act and that failure to make the request within the time specified shall without exception constitute a waiver of the right.
(b)
Any person aggrieved by an order or act of the commissioner under this chapter may seek judicial review of the order or act as provided by §
4-5-322
.
Acts 1977, ch. 446, § 3; T.C.A., § 59-1253; Acts 2007, ch. 484, § 78.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-107 - Minimum requirements of insurance policy or bond for security - Acceptable proof of existence of insurance or bond

(a)
No policy or bond shall be effective under §
55-12-106
, unless issued by an insurance company or surety company licensed to do business in this state, except as provided in subsection (b), and unless the policy or bond provides security not less than the amounts specified in §
55-12-102
.
(b)
No policy or bond shall be effective under §
55-12-106
with respect to any motor vehicle that was not registered in this state or that was registered elsewhere as of the effective date of the policy or bond or the most recent renewal thereof, unless the policy or bond executes a power of attorney authorizing the commissioner to accept service on its behalf of notice or process of any action upon the policy or bond arising out of the accident.
(c)
The commissioner may rely upon the accuracy of the information in the report of an accident as to the existence of insurance or a bond unless and until the commissioner has reason to believe that the information is erroneous.
Acts 1977, ch. 446, § 7; T.C.A., § 59-1257; Acts 1983, ch. 53, § 4.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-110 - Proof of damages sustained - Determination of amount of financial security required

(a)
Any party who has suffered damages as a result of an accident may submit to the commissioner an affidavit or an accident report showing thereon the amount of damages suffered. The affidavit or accident report, when properly executed, shall, for the purpose of this chapter, be accepted by the commissioner as satisfactory evidence to indicate the amount of actual damages, unless evidence to the contrary is received, in which case the commissioner shall, for the purposes of this chapter, determine the damages from written evidence submitted to the commissioner.
(b)
In no case shall security be required that is greater in amount than that specified in §
55-12-102
, and in no event shall this security be in an amount less than five hundred dollars ($500).
(c)
In any case where the amount of security required in this section is questioned by any party required to deposit security, that party shall deposit security in the maximum amount as designated in subsection (b) until the amount of actual damages suffered is determined by a final judgment of a court of competent jurisdiction.
Acts 1977, ch. 446, § 10; T.C.A., § 59-1260; Acts 1983, ch. 53, § 5.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-111 - Self-insurers

(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.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-112 - Custody of security - Payment of judgments - Return of deposit

(a)
Any money deposited with the commissioner in compliance with the requirements of this chapter shall be deposited by the commissioner in the custody of the state treasurer, and shall be applicable only to the payment of a judgment or judgments rendered against the person making the deposit or the person in whose behalf the deposit was made. The commissioner is authorized to pay out of any funds deposited in compliance with the requirements of this chapter, the amount of any final judgment returned against the party making the deposit or the person in whose behalf the deposit was made, upon receipt of a certified copy of the final judgment.
(b)
After expiration of one (1) year from the date of the accident for which deposit has been made, the commissioner shall, upon receipt of a sworn statement of the party making the deposit that no court action has been brought as a result of the accident for which the deposit was made, return the deposit to the person making the deposit. Should the commissioner have reason to believe that this sworn statement is not true, additional proof may be required to substantiate the statement as the commissioner considers necessary.
Acts 1977, ch. 446, § 12; T.C.A., § 59-1262.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-113 - "Conviction" defined

"Conviction" includes a failure to satisfy a citation, a refusal to submit to a drug or alcohol test, or a forfeiture of bail or other security deposited to secure the defendant's appearance in court, which forfeiture has not been vacated.
Acts 1977, ch. 446, § 13; T.C.A., § 59-1263; Acts 1986, ch. 842, § 22.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-115 - Suspension of driver license for failure to comply with financial responsibility law

(a)
Upon receipt by the commissioner of a record of conviction of failing to show evidence of financial responsibility pursuant to §
55-12-139
, the commissioner shall suspend the driver license of the person convicted of this offense.
(b)
(1)
The person may obtain reinstatement of the person's driver license by meeting the following requirements:
(A)
Submitting evidence of financial responsibility as required by this section; and
(B)
Paying the fee provided for in §
55-12-129
.
(2)
After satisfying the requirements of subdivision (b)(1), the person is entitled to the return of operating privileges, otherwise suspended or revoked under this title.
Amended by 2023 Tenn. Acts, ch. 336, s 4, eff. 1/1/2024.
Acts 1977, ch. 446, § 15; 1978, ch. 645, § 1; T.C.A., § 59-1265; Acts 1980, ch. 817, § 6; 1986, ch. 842, §§ 23, 27; 1995, ch. 305, § 116; 1998, ch. 682, § 4; 2001, ch. 292, § 8.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-116 - Duration of suspension or revocation under Section 55-12-114 - Restoration

(a)
Where proof of financial responsibility is required by §
55-12-114
, the license and registration shall remain suspended or revoked and shall not at any time thereafter be renewed, nor shall any license be thereafter issued to the person, nor shall any motor vehicle be thereafter registered in the name of the person, until permitted under the motor vehicle laws of this state and not then until the operator shall give, and maintain for three (3) years, proof of financial responsibility, as required by §
55-12-126
, pay a sixty-five-dollar restoration fee and pass the driver license examination as a condition precedent to the restoration of the license. Upon restoration of a person's license, the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by §
55-4-111
, §
55-4-112
or §
55-4-113
, the registration shall be reinstated immediately.
(b)
The department of safety may release a person's requirement to provide proof of financial responsibility after the expiration of the period of suspension or revocation if the department of safety's records establish that during the suspension or revocation period, the person was not convicted of an additional offense authorizing or requiring the suspension or revocation of the person's license, nor was the person's license suspended, revoked, prohibited, or cancelled due to a separate violation of law. If the department of safety, pursuant to this subsection (b), releases the requirement that a person furnish proof of financial responsibility, and if the person's motor vehicle registration has been suspended or revoked because of the person's failure to furnish that proof, then the commissioner of safety shall request that the commissioner of revenue reinstate the person's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by §
55-4-111
, §
55-4-112
, or §
55-4-113
, the registration must be reinstated immediately. Notwithstanding another law to the contrary, this subsection (b) does not apply if there is an unsatisfied judgment based on a motor vehicle accident.
Amended by 2023 Tenn. Acts, ch. 336, s 5, eff. 1/1/2024.
Acts 1977, ch. 446, § 16; T.C.A., § 59-1266; Acts 1980, ch. 817, § 6; 1986, ch. 842, §§ 27, 29; 2007 , ch. 484, § 84.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-117 - Duration of nonresident's suspension or revocation for failure to file proof of financial responsibility following conviction - Restoration

(a)
Whenever, by reason of a conviction, the commissioner suspends or revokes a nonresident's operating privileges in this state, or requests that the commissioner of revenue suspend or revoke the person's registration privileges, the privileges remain suspended or revoked as permitted under the motor vehicle laws of this state until the person provides proof of financial responsibility and maintains proof, as required by §
55-12-126
. The person shall also pay to the commissioner of safety a sixty-five-dollar restoration fee before the suspended or revoked privileges may be reinstated. Upon restoration of the person's operating privileges, the commissioner of safety shall request that the commissioner of revenue reinstate the person's motor vehicle registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by §
55-4-111
, §
55-4-112
, or §
55-4-113
, the registration must be reinstated immediately.
(b)
The department of safety may release a person's requirement to provide proof of financial responsibility after the expiration of the period of suspension or revocation if the department of safety's records establish that during the suspension or revocation period, the person was not convicted of an additional offense authorizing or requiring the suspension or revocation of the person's license, nor was the person's license suspended, revoked, prohibited, or cancelled due to a separate violation of law. If the department of safety, pursuant to this subsection (b), releases the requirement that a person furnish proof of financial responsibility, and if the person's motor vehicle registration has been suspended or revoked because of the person's failure to furnish proof, then the commissioner of safety shall request that the commissioner of revenue reinstate the person's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by §
55-4-111
, §
55-4-112
, or §
55-4-113
, the registration must be reinstated immediately. Notwithstanding another law to the contrary, this subsection (b) does not apply if there is an unsatisfied judgment based on a motor vehicle accident.
Amended by 2023 Tenn. Acts, ch. 336, s 6, eff. 1/1/2024.
Acts 1977, ch. 446, § 17; T.C.A., § 59-1267; Acts 1980, ch. 817, § 6; 1986, ch. 842, §§ 27, 29; 2007 , ch. 484, § 85.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-118 - Proof of financial responsibility required on final judgment - Suspension or revocation for failure to file proof - Restoration

(a)
Upon receipt of a certified copy of final judgment, the commissioner of safety shall immediately revoke the operator's license of any resident of this state and any nonresident's operating privileges in this state against whom judgment is rendered, if the judgment is not paid within sixty (60) days from the date of final judgment, and no restriction as to time based on the commissioner's authority elsewhere in this chapter shall be a bar to that action under the authority of this section; provided, that any judgment paid to the extent of the limits of financial responsibility specified in §
55-12-102
shall, for the purpose of this section, be considered paid. Immediately upon request by the commissioner of safety, the commissioner of revenue shall revoke all of the motor vehicle registrations of any resident or nonresident against whom the judgment is rendered, if the judgment is not paid within sixty (60) days from the date of final judgment.
(b)
Subsection (a) shall not apply if the parties to the judgment submit on or before the date of revocation proof satisfactory to the commissioner that the parties have entered into an agreement satisfactory to all parties concerning the payment of their damages.
(c)
A license or registration revoked under the authority of this section remains revoked until it is stayed, satisfied in full as to the extent outlined in subsection (a) or (b), and until the person whose license and registration were revoked provides and maintains proof of financial responsibility as required by §
55-12-126
, pays a one-hundred-dollar restoration fee as required by §
55-12-129
, and passes a driver license examination if the license has been expired, revoked, or suspended for more than one (1) renewal cycle, as described in §
55-50-337
, as a condition precedent to the restoration of such privileges. If the department of safety, pursuant to this subsection (c), reinstates a person's driver license that has been revoked under the authority of this section, then the commissioner of safety shall request that the commissioner of revenue reinstate the person's motor vehicle registrations revoked under authority of this section and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by §
55-4-111
, §
55-4-112
, or §
55-4-113
, the registrations must be reinstated immediately.
Amended by 2023 Tenn. Acts, ch. 336, s 7, eff. 1/1/2024.
Acts 1977, ch. 446, § 18; T.C.A., § 59-1268; Acts 1980, ch. 817, § 6; 1983, ch. 53, § 6; 1986, ch. 842, § 27; 1998, ch. 682, § 5; 2007 , ch. 484, § 86.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-119 - Proof of financial responsibility with respect to a motor vehicle or a person not the owner of the vehicle

Proof of financial responsibility, when required under this chapter with respect to a motor vehicle or with respect to a person who is not the owner of the motor vehicle, may be given by filing:
(1)
A certificate of insurance as provided in §
55-12-120
;
(2)
A bond as provided in §
55-12-102
;
(3)
A deposit in cash with the commissioner of no less than the amount specified in §
55-12-102
; or
(4)
A certificate of self-insurance, as provided in §
55-12-111
.
Acts 1977, ch. 446, § 19; T.C.A., § 59-1269; Acts 1983, ch. 53, § 7.
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 1 - FINANCIAL RESPONSIBILITY LAWSHORT TITLE (§§ 55-12-101 — 55-12-142) › Section 55-12-120 - Certificate of insurance as proof of financial responsibility

Proof of financial responsibility may be furnished by filing with the commissioner the written certificate of any insurance carrier duly authorized to do business in this state, certifying that there is in effect a motor vehicle liability policy for the benefit of the person required to furnish proof of financial responsibility. This certificate shall give the effective date of the motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of the motor vehicle.
Acts 1977, ch. 446, § 20; T.C.A., § 59-1270.