Tennessee Code Title 55. Motor and Other Vehicles § 55-31-203

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

(a) A commercial parking lot owner shall not charge a penalty for nonpayment of parking fees unless:

(1) The commercial parking lot owner posts signage that:

(A) Is designed and placed in a manner that ensures clear visibility and readability by consumers parking in the commercial parking lot;

(B) Provides notice that motor vehicle owners who leave the commercial parking lot without paying parking fees will be subject to a penalty if the parking fees are not paid within seventy-two (72) hours from the time of the commercial parking lot owner's discovery of the nonpayment of parking fees; and

(2) The actual cost of parking fees owed remains unpaid after seventy-two (72) hours from the time of the commercial parking lot owner's discovery of the nonpayment of parking fees; and

(3)(A) If the actual cost of parking fees owed remains unpaid for thirty (30) days or less from the date of the commercial parking lot owner's discovery of the nonpayment of parking fees, the fee is not greater than fifty dollars ($50.00); or

(B) If the actual cost of parking fees owed remains unpaid for greater than thirty (30) days from the date of the commercial parking lot owner's discovery of the nonpayment of parking fees, the fee is not greater than seventy-five dollars ($75.00).

(b) If an entity requires on-site payment from a consumer for the parking of a motor vehicle on the entity's property, and the entity only accepts payment by use of a quick response (QR) code or a credit or debit card machine, then, in the event the QR code or the credit or debit card machine fails to operate correctly to process the payment transaction, the entity must:

(1)(A) Accept payment from the consumer by cash or check, or through a system that allows the consumer to provide the consumer's credit or debit card information over the phone; or

(B) Allow the consumer to leave the property without providing payment at the time; and

(2) Not charge a penalty or late fee for nonpayment until at least seven (7) business days have passed from the date that the QR machine failed to operate and the individual left the property without paying.

(c)(1) The entity may provide information to a consumer enabling the consumer to mail payment to the entity, or provide the consumer's credit or debit card information over the phone for payment of the services at a later date.

(2) If the entity does not provide the information described in subdivision (c)(1), then the consumer is not required to provide payment at a later date for the service.

(d) For a parking lot that is temporarily or continuously unattended, the entity shall provide notice of the alternative forms of payment accepted on a prominent sign located at each site on the entity's property where payment is taken.

(e) A county, municipality, or other political subdivision of this state shall not enact or enforce an ordinance, resolution, rule, or other requirement that regulates parking in a manner that conflicts with this section.

(f) As used in this section:

(1) “Entity” includes a person, commercial parking lot owner, and this state or a political subdivision of this state;

(2) “On-site” means on an entity's property where parking services are provided; and

(3) “Property” includes, but is not limited to, a publicly owned parking lot or parking garage and a public street.

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Cite this article: FindLaw.com - Tennessee Code Title 55. Motor and Other Vehicles § 55-31-203 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-31-203/

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