Tennessee Code Title 55. Motor and Other Vehicles § 55-31-207

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

(a) Except as otherwise provided in this section, a garagekeeper shall not charge the owner or lienholder of a stored motor vehicle a storage fee for a period exceeding twenty-one (21) days without the consent of the owner or lienholder, unless the owner or lienholder has been notified that the motor vehicle is available to be released from the garagekeeper and the owner or lienholder refuses to retrieve the motor vehicle.

(b) A garagekeeper shall not charge a storage fee for any day on which the motor vehicle is not available for release to the owner, lienholder, or insurer, unless the failure to release is based on a hold placed on the motor vehicle by law enforcement.

(c) Upon provision of documentation from an insurer or lienholder showing its right to take custody of a motor vehicle, a garagekeeper shall release the motor vehicle to the insurer or lienholder, or an authorized agent or representative for such insurer or lienholder, upon the insurer's or lienholder's payment of reasonable charges due, without requiring additional consent from the owner of the motor vehicle. The insurer or lienholder shall indemnify and hold harmless the releasing person from any action, cause of action, claim, judgment, loss, liability, damage, or cost that it may incur due to wrongful release of the motor vehicle to an authorized agent or representative of the insurer or lienholder.

(d)(1) Prior to ninety (90) days after the motor vehicle portal created pursuant to § 55-31-104 is operational and available for use, a garagekeeper may charge a storage fee for a period exceeding twenty-one (21) days if the last known registered owner of the motor vehicle and all lienholders of record are notified using three-day delivery of the intent to charge a storage fee for a period to exceed twenty-one (21) days. The notice must be sent at least ten (10) days prior to the imposition of any additional storage fee.

(2) On or after ninety (90) days after the motor vehicle portal created pursuant to § 55-31-104 is operational and available for use, a garagekeeper may charge a storage fee for a period exceeding twenty-one (21) days if the garagekeeper notifies all registered owners of the motor vehicle and all lienholders of record of the intent to charge a storage fee for a period to exceed twenty-one (21) days via the online motor vehicle portal.

(e) A garagekeeper, whether as the principal business of the garagekeeper or incidental to the garagekeeper's principal business, shall not charge a person for the towing or storage of a motor vehicle that was towed or stored without the express written authorization of the owner of the motor vehicle to tow or store:

(1) A fee charged at a higher rate than the maximum fee that has been approved by the Tennessee highway patrol district to be charged for the same service by persons engaged in a business described in this section;

(2) A gate, access, or release fee during normal business hours for any day during which daily storage is also being charged; or

(3) A release fee of more than one hundred dollars ($100).

(f)(1) Except as provided in subdivision (f)(2), subsections (a) and (d) do not apply to a motor vehicle that was towed or stored by a garagekeeper for the purpose of repairing the motor vehicle if the garagekeeper first obtained the authorization of the owner for the repairs and the owner of the motor vehicle has been notified that the repairs have been completed.

(2) Subsections (a), (d), and (e) do not apply to a motor vehicle that was stored by a garagekeeper for the purpose of repairing the motor vehicle if, in the case of a garagekeeper who cannot obtain the authorization of the owner for the repairs, the garagekeeper complies with the good faith attempt to acquire consent and notice requirements of § 55-31-205(c).

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Cite this article: FindLaw.com - Tennessee Code Title 55. Motor and Other Vehicles § 55-31-207 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-31-207/

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