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Current as of January 02, 2024 | Updated by Findlaw Staff
(a)(1) Prior to ninety (90) days after the motor vehicle portal created pursuant to § 55-31-104 is operational and available for use, when any person other than a law enforcement agency or other public agency takes possession of a motor vehicle found abandoned or immobile, the action must be reported immediately to the department of revenue taxpayer and vehicle services division for verification of ownership on a form prescribed and provided by the registrar of motor vehicles.
(2) On or after ninety (90) days after the motor vehicle portal created pursuant to § 55-31-104 is operational and available for use, when any person other than a law enforcement agency or other public agency takes possession of a motor vehicle found abandoned or immobile, the action must be reported to the online motor vehicle portal.
(b)(1) In addition to the notification requirements of § 55-31-301 and subsection (a), a garagekeeper that has in its possession an abandoned or immobile motor vehicle taken into custody by any person shall, within three (3) business days after the motor vehicle is taken into its possession, verify ownership of the motor vehicle. The garagekeeper shall, within three (3) business days after receiving verification of ownership, provide notice to the last known registered owner of the motor vehicle and all lienholders of record. The notification requirements included in § 55-31-301 and subsection (a) apply to the notice required to be provided by a garagekeeper pursuant to this subdivision (b)(1).
(2) A garagekeeper that does not verify ownership of a motor vehicle within three (3) business days after taking possession of the motor vehicle pursuant to this section or that does not notify in the manner required by subsection (a) the owner of the motor vehicle within three (3) business days after receiving verification of ownership from the appropriate state department or agency shall not receive more than six (6) days of storage-related expenses. A garagekeeper that is found by a court of competent jurisdiction to have failed to release a motor vehicle upon the presentment of payment for towing and storage expenses is subject to civil liability to the motor vehicle owner, secured creditor, lessor, or lienholder who prevails in an action brought under this section for reasonable costs and attorney's fees incurred by the person instituting the action.
(3) If the owner of the motor vehicle or the owner's agent is present at the time a garagekeeper commences towing the owner's or agent's motor vehicle, then this subsection (b) does not apply to the garagekeeper; provided, however, that this subdivision (b)(3) does not exempt the garagekeeper from any other notification requirements under this section or another provision of law.
Cite this article: FindLaw.com - Tennessee Code Title 55. Motor and Other Vehicles § 55-31-302 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-31-302/
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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