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Current as of January 02, 2024 | Updated by Findlaw Staff
As used in this chapter:
(1) “Abandoned motor vehicle” means a motor vehicle physically located in this state that:
(A) Is left unattended on public property for more than ten (10) days;
(B) Is in an obvious state of disrepair and is left unattended on public property for more than three (3) days;
(C) Has remained illegally on public property for a period of more than forty-eight (48) hours;
(D) Is left unattended and interferes with or impedes the orderly flow of traffic or is left unattended during or prior to inclement weather conditions;
(E) Is unattended by reason of the arrest of the driver of the motor vehicle;
(F) Is creating a hazard, blocking access to public or private property, or parked illegally;
(G) Has remained on private property without the consent of the owner or person in control of the property for more than forty-eight (48) hours;
(H) Has remained on private residential property without the consent of the owner or person in control of the property; or
(I) Has been stored, parked, or left in a garage, trailer park, or any type of storage or parking lot for more than thirty (30) consecutive days;
(2) “Authorized agent” means:
(A) A person authorized to operate the motor vehicle;
(B) A person in possession or control of private property; or
(C) For an insurer or lienholder, a person authorized to act on behalf of the insurer or lienholder;
(3) “Automatic license plate reader” means one (1) or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert images of motor vehicles or license plates into computer-readable data that can be used to determine the ownership of a motor vehicle;
(4) “Boot” or “booting” means the act of installing a vehicle immobilization device on a parked motor vehicle;
(5) “Commercial parking lot”:
(A) Means a privately owned parking lot or parking garage used for the temporary storage of motor vehicles, either for a fee or for use by customers of the owner of the parking lot or parking garage; and
(B) Does not include:
(i) A public street;
(ii) A public right-of-way;
(iii) A publicly owned parking lot or parking garage;
(iv) A motor vehicle storage facility; or
(v) An establishment for the servicing, repair, or maintenance of motor vehicles;
(6) “Commercial parking lot owner” means the owner or operator of a commercial parking lot;
(7) “Contracted property” means private or public property, including a commercial parking lot or property owned by a public institution of higher education, that is located within the jurisdiction of a local government that has adopted an ordinance, resolution, regulation, or rule in compliance with § 55-31-201(c), and for which the owner or lessee of the property has entered into a contract with a licensed parking enforcement vendor for the enforcement of parking rules or restrictions on the property or a designated portion of the property;
(8) “Curbstoning” means selling, offering for sale, advertising for sale, or soliciting the sale of:
(A) A motor vehicle without a properly endorsed certificate of title, as required by §§ 55-3-118 and 55-3-127, by a person engaged primarily in the sale of used motor vehicles if the person is not licensed as a motor vehicle dealer pursuant to chapter 17, part 1 of this title; or
(B) More than five (5) motor vehicles in any twelve-month period when the motor vehicles are titled in the person's name engaged primarily in the sale of used motor vehicles if the person is not licensed as a motor vehicle dealer pursuant to chapter 17, part 1 of this title;
(9) “Demolisher” means a person whose business is to convert a motor vehicle into processed scrap or scrap metal, or to otherwise wreck or dismantle motor vehicles;
(10) “Electronic tracking” means a system or method used by a national delivery carrier that provides real-time or near real-time monitoring of the delivery process, including:
(A) A unique tracking number assigned to each shipment;
(B) Recorded timestamps for key delivery events, including acceptance, transit updates, and final delivery; and
(C) Confirmation of receipt, which may include an electronic signature, photograph of delivery, or other verifiable proof that the letter or package was delivered to the intended recipient's address;
(11) “Employee” means a natural person who is required to file a federal form W-2, wage and tax statement, with the federal internal revenue service for the compensation the natural person receives for work performed;
(12) “Garagekeeper”:
(A) Means:
(i) A towing company;
(ii) A motor vehicle storage facility; or
(iii) An establishment for the servicing, repair, or maintenance of motor vehicles; and
(B) Does not include:
(i) A commercial parking lot;
(ii) A commercial parking lot owner; or
(iii) A publicly owned parking lot or parking garage;
(13) “Immobile motor vehicle” means a motor vehicle, trailer, semitrailer, or combination or part of a motor vehicle, trailer, or semitrailer that is immobilized and incapable of moving under its own power due to an accident, mechanical breakdown, weather condition, or other emergency situation;
(14) “Law enforcement agency” means:
(A) The Tennessee highway patrol;
(B) The sheriff’s department of any county;
(C) The police department of any municipality; or
(D) Any department, board, or commission designated by the legislative body of any county with a metropolitan form of government to perform the duties of a law enforcement agency specified in this chapter;
(15) “Licensed booting operator” means a natural person who:
(A) Is an employee of a licensed parking enforcement vendor;
(B) Holds a valid license issued by a local government pursuant to an ordinance, resolution, regulation, or rule adopted in compliance with § 55-31-201(c) and whose license has not expired, been suspended, or revoked; and
(C) Is employed to enforce parking rules or restrictions on contracted property;
(16) “Licensed parking enforcement vendor” means a person, other than a natural person, who:
(A) Holds a valid license issued by a local government pursuant to an ordinance, resolution, regulation, or rule adopted in compliance with § 55-31-201(c) and whose license has not expired, been suspended, or revoked;
(B) Is contracted to engage in parking enforcement activities on contracted property; and
(C) Has recorded the required surety bond with the register of deeds in the county where the vendor operates as required by the local government pursuant to an ordinance, resolution, rule, or regulation adopted in compliance with § 55-31-201(c);
(17) “Local government” means a municipality, county, or county having a metropolitan form of government;
(18) “Motor vehicle” has the same meaning as defined in § 55-8-101 and includes a tractor or trailer as those terms are defined in § 55-8-101;
(19) “Motor vehicle portal” means the electronic database or online platform established by the department of revenue pursuant to § 55-31-104;
(20) “Obvious state of disrepair” means a motor vehicle that:
(A) Is inoperable under its own power;
(B) Is without one (1) or more wheels or inflated tires;
(C) Is burned throughout; or
(D) Has more than one (1) broken window;
(21) “Person” includes a natural person, firm, association, corporation, or partnership;
(22) “Release fee” means a fee charged by a towing company to release a motor vehicle after the towing company has begun to tow the motor vehicle;
(23) “Self-releasing device” means a vehicle immobilization device that:
(A) Allows the vehicle owner or vehicle operator to remove the device without third-party assistance;
(B) Is equipped with an automated or electronic release mechanism that enables removal of the device immediately upon payment of the fees described in § 55-31-201(b)(5);
(C) Permits the electronic processing of payment of the fees listed in § 55-31-201(b)(5) by credit card or debit card;
(D) Provides clear, written, and visual instructions for how to make payment of fees and for device removal; and
(E) Ensures the device can be safely removed by the vehicle owner or vehicle operator without damaging the vehicle or presenting a hazard;
(24) “Third-party service provider” means an entity that is approved by the department of revenue to create and implement the motor vehicle portal in compliance with § 55-31-104;
(25) “Three-day delivery” means contracting with a national delivery carrier to ship with electronic tracking a document or package to its intended recipient within three (3) business days;
(26) “Towing company” means a person engaged in the business of towing motor vehicles by use of a tow truck; and
(27) “Vehicle immobilization device” means a device that is designed or adapted to be attached to a parked motor vehicle to prohibit the motor vehicle's usual manner of movement or operation.
Cite this article: FindLaw.com - Tennessee Code Title 55. Motor and Other Vehicles § 55-31-102 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-31-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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