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Tennessee Code Title 47. Commercial Instruments and Transactions § 47-18-3203

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) A person engaged in the business of installing vehicle immobilization devices on motor vehicles in this state shall:

(1) Accept credit cards and debit cards as methods of payment for the removal of a vehicle immobilization device from a motor vehicle; and

(2) If the person who is requesting removal of the vehicle immobilization device elects to make the payment by credit card or debit card and the payment cannot be completed by the card without undue delay at the site where the motor vehicle to which the vehicle immobilization device is attached is located, and an optional online payment method as described in subdivision (c)(3) is either unavailable or has been refused by the individual, remove the vehicle immobilization device and issue a billing invoice for payment due:

(A) To the individual who is requesting the removal of the vehicle immobilization device, if such individual provides a valid form of identification; or

(B) By mail to the registered owner of the vehicle.

(b)(1) A person engaged in the business of installing vehicle immobilization devices on motor vehicles shall utilize for the work of installing and removing such devices only those persons who are required to file a W-2 wage and tax statement with the federal internal revenue service for the compensation those persons receive for the work performed.

(2) A person engaged in the business of installing vehicle immobilization devices on motor vehicles shall not:

(A) Contract for or engage the services of an independent contractor to install or remove vehicle immobilization devices; or

(B) Compensate employees on a commission basis.

(c)(1) Subsection (a) does not prohibit a person engaged in the business of installing vehicle immobilization devices on motor vehicles from accepting cash or other methods of payment if the person making such payment, in that person's sole discretion, elects to use such alternative payment method.

(2) A person engaged in the business of installing vehicle immobilization devices on motor vehicles shall not charge a fee to accept payment by credit card or debit card.

(3) A person engaged in the business of installing vehicle immobilization devices on motor vehicles may offer an alternative, online payment service as an optional payment method. If the person making payment for the removal of the vehicle immobilization device elects, in the person's sole discretion, to use the optional online payment method, then the provider of the online payment service may charge a three percent (3%) convenience fee. This subdivision (c)(3) supersedes all local ordinances, rules, or other enactments to the contrary.

(4)(A) If a vehicle immobilization device is placed on a vehicle that is parked on private property due to the vehicle owner's failure to pay the required parking charge, then the owner or operator of the private property may require the owner of the vehicle to pay the applicable immobilization device removal fee and all unpaid parking fines and fees to have the immobilization device removed.

(B) This subdivision (c)(4) supersedes all local ordinances, rules, or other enactments to the contrary.

(d)(1)(A) An owner, lessee, or other person who has control of a property for which an enforceable agreement exists with a person engaged in the business of installing vehicle immobilization devices to provide parking enforcement services by installing vehicle immobilization devices on motor vehicles on such property shall post signage in a conspicuous location on the property bearing notice:

(i) That the parking policy for the property is strictly enforced;

(ii) That a violator's vehicle will be immobilized with a vehicle immobilization device with the owner of the vehicle having to pay to have the device removed;

(iii) Of the name and phone number of the authorized vehicle immobilization device operator; and

(iv) That consumers are protected from violations of this part and that violations may be reported to the attorney general and reporter.

(B) The sign required by this subdivision (d)(1) must:

(i) Be no less than twenty-four inches (24″) in height and eighteen inches (18″) in width and contain lettering that is no less than two inches (2″) in height; and

(ii)(a) Be located at each designated entrance to the property where parking prohibitions are in place; or

(b) If there is no designated entrance, be erected in a place that is clearly visible from each parking space.

(C) Notwithstanding subdivisions (d)(1)(A) and (B)(i), if on the July 1, 2023 a property has existing signage posted that contains the notice required by subdivisions (d)(1)(A)(i)-(iii), then the signage complies with subdivision (d)(1)(A) and is exempt from the requirements of subdivision (d)(1)(B)(i) if the notice required by subdivision (d)(1)(A)(iv) is permanently affixed adjacent to the existing signage. However, new or replacement signage installed on or after the effective date of this act must comply with subdivisions (d)(1)(A) and (B)(i).

(2) A person engaged in the business of installing vehicle immobilization devices shall not install a vehicle immobilization device on a motor vehicle if the motor vehicle is located on property that does not comply with the signage requirements under subdivision (d)(1).

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Cite this article: FindLaw.com - Tennessee Code Title 47. Commercial Instruments and Transactions § 47-18-3203 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-47-commercial-instruments-and-transactions/tn-code-sect-47-18-3203/

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