Tennessee Code Title 55. Motor and Other Vehicles § 55-31-204

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

(a) Notwithstanding any other law to the contrary, a person shall not tow a motor vehicle without express written authorization by the owner or authorized agent of the owner of the motor vehicle unless:

(1)(A) An owner or authorized agent of the owner of a commercial parking lot or other private property open to the public has authorized the towing of the motor vehicle left unattended and the owner has posted notice as provided in subdivision (a)(1)(B); and

(B) The notice required by subdivision (a)(1)(A):

(i) Provides notice that any motor vehicle not authorized to park on the private property is subject to towing;

(ii) Is designed and placed in a manner that ensures clear visibility and readability by consumers parking on the private property;

(iii) Is located at each designated entrance and exit of the private property; and

(iv) Contains the following information:

(a) The name of the garagekeeper authorized to tow the vehicle; and

(b) The phone number of the garagekeeper authorized to tow the vehicle;

(2) An owner or authorized agent of the owner of a commercial parking lot or other private property open to the public has authorized the towing of a motor vehicle that:

(A) Has been unattended for more than twelve (12) hours; or

(B) Is creating a hazard, blocking access to public or private property, or parked illegally;

(3) An owner or authorized agent of the owner of private property not open to the public has authorized the towing of a motor vehicle left unattended; or

(4) A law enforcement officer with appropriate jurisdiction requests that the motor vehicle be towed pursuant to § 55-31-301.

(b) The authorization required pursuant to subdivision (a)(4) must include all information required by § 66-19-103(d).

(c) A person attempting to tow a motor vehicle shall immediately release the vehicle that the person has begun to tow if:

(1) The motor vehicle has not left the original parking location; and

(2) The owner or operator of the motor vehicle pays a release fee.

(d)(1) Prior to ninety (90) days after the motor vehicle portal created pursuant to § 55-31-104 is operational and available for use, if the owner of a motor vehicle is not present at the time the motor vehicle is towed, then within one (1) hour of a person towing the motor vehicle pursuant to this chapter, such person must notify the law enforcement agency with jurisdiction over the location from which the motor vehicle was towed of the vehicle identification number (VIN), license plate number, a description of the vehicle, the location of the tow, and the location where the motor vehicle will be stored. A law enforcement agency shall keep a record of all information required by this subsection (d) and must make the information available for public inspection.

(2) On or after ninety (90) days after the motor vehicle portal created pursuant to § 55-31-104 is operational and available for use, if the owner of a motor vehicle is not present at the time the motor vehicle is towed, then within one (1) hour of a person towing the motor vehicle pursuant to this chapter, such person must enter the VIN, license plate number, a description of the vehicle, the location of the tow, and the location where the motor vehicle will be stored into the motor vehicle portal.

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Cite this article: FindLaw.com - Tennessee Code Title 55. Motor and Other Vehicles § 55-31-204 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-31-204/

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