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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) A law enforcement agency may take into custody, or utilize a garagekeeper to take into custody, a motor vehicle found abandoned, immobile, or used in curbstoning, or the agency may provide notice that the motor vehicle is abandoned, immobile, or being used in curbstoning prior to taking the motor vehicle into custody, or utilizing a garagekeeper to take the motor vehicle into custody; provided, that a motor vehicle used in curbstoning on residential property must not be taken into custody unless the law enforcement agency provides notice on the motor vehicle at least forty-eight (48) hours prior to the seizure.
(b)(1)(A) Prior to ninety (90) days after the motor vehicle portal created pursuant to § 55-31-104 is operational and available for use, a law enforcement agency or other public agency taking possession, or causing possession to be taken through the use of a garagekeeper, of a motor vehicle pursuant to this section must:
(i) Within three (3) business days after taking the motor vehicle into custody, verify ownership of the motor vehicle through the Tennessee Information Enforcement System (TIES). If a law enforcement agency or other public agency attempts to verify ownership information through TIES and the response is Not on File, then the agency shall contact the department of revenue title and registration division, which must search records not contained in TIES for the ownership information. If the title and registration division locates ownership information through this search, then the division must notify the appropriate public agency and the agency must distribute the information as provided in this subdivision (b)(1); and
(ii) If a law enforcement agency or other public agency utilizes a garagekeeper to take possession of the motor vehicle, then provide the ownership information obtained in subdivision (b)(1)(A) to the garagekeeper responsible for towing or storing the motor vehicle; and
(B) Within three (3) business days after receiving verification of ownership pursuant to subdivision (b)(1)(A)(i) or (ii), the law enforcement agency, other public agency, or the garagekeeper that was responsible for towing the motor vehicle shall send notice using three-day delivery to the last known registered owner of the motor vehicle and all lienholders of record that the vehicle has been taken into custody.
(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 law enforcement agency, other public agency, or garagekeeper taking possession of a motor vehicle pursuant to this section must, within one (1) hour after taking the motor vehicle into custody, enter the vehicle identification number, 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.
(c)(1) The owner or lienholder of an abandoned or immobile motor vehicle may appeal a determination that a motor vehicle is abandoned or immobile. If the owner or lienholder of an abandoned or immobile motor vehicle fails to appeal an action or determination or fails to remove the motor vehicle within twenty (20) days from receipt of the notice that a motor vehicle is abandoned or immobile, then the law enforcement agency or other public agency may take the motor vehicle into custody at any time, including by utilizing a garagekeeper to take the motor vehicle into custody, and no other notice is required.
(2) If the owner or lienholder of an abandoned or immobile motor vehicle that has not been taken into custody by a law enforcement agency pursuant to subdivision (c)(1) appeals, then the law enforcement agency shall not take the motor vehicle into custody while the appeal is pending.
(d) Any notice required by subsection (a) must:
(1) Be written in plain language;
(2) Contain the year, make, model, and vehicle identification number of the motor vehicle, if ascertainable;
(3) Provide the location of the motor vehicle if the motor vehicle has been taken into custody, or provide a statement advising the owner that the law enforcement agency will take the abandoned, immobile, or unattended vehicle into custody in no less than twenty (20) days from the date of receipt of the notice, unless the owner appeals the determination by the law enforcement agency that the vehicle is abandoned or immobile, or the owner removes the vehicle from the property within the twenty-day period;
(4) Inform the owner and any lienholders of the right to reclaim the motor vehicle within twenty (20) days after the date of receipt of the notice, upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody; and
(5) State that the failure of the owner or lienholders to exercise the right to reclaim the vehicle will be deemed a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the demolition of the vehicle or its sale at a public auction.
(e) A law enforcement agency may employ its own personnel, equipment, and facilities or hire persons, equipment, and facilities for the purpose of removing, preserving, and storing motor vehicles that are abandoned, immobile, unattended, or used in curbstoning.
(f) A motor vehicle used in curbstoning is subject to seizure and forfeiture in the same manner as provided by law for seizure and forfeiture of other items under title 40, chapter 33.
(g) Notwithstanding another law to the contrary, this section does not limit a local government's initiative for more restrictive requirements regarding the sale of curbstoned vehicles.
(h) A law enforcement agency requesting another person to tow a motor vehicle pursuant to this section must provide the authorization required pursuant to § 55-31-204(a)(3) to the person to tow prior to requesting the tow.
Cite this article: FindLaw.com - Tennessee Code Title 55. Motor and Other Vehicles § 55-31-301 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-31-301/
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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