(a) In addition to the powers and duties heretofore devolved upon the county clerk, it is the clerk’s duty to:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 55-6-105

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of revenue. See Tennessee Code 55-1-111
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title. See Tennessee Code 55-8-101
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) Ascertain the names of the owners of all vehicles required to be registered by the terms of chapters 1-6 of this title in the clerk’s county, and issue distress warrants against the owner operating the vehicle in violation of chapters 1-6 of this title after April 1 of the year for which the tax in question may be due. In the case of the issuance of these distress warrants, the clerk shall be entitled to collect the fees now provided by law for the issuance of distress warrants;
(2) Take registration applications from the owner of any vehicle designated in chapters 1-6 of this title;
(3) Collect the fees due the clerk or due any department or division of the state provided for in chapters 1-6 of this title to be collected by the clerk;
(4) Distribute the registration plates, which shall be provided by the department, and keep a complete record of all motor vehicles registered in the clerk’s county;
(5) Forward all applications for certificates of title received by the clerk, together with the original copy of the certificate of registration or transfer certificate of registration issued by the clerk to the department within five (5) working days from when the applications are filed with the clerk and the certificate of registration or transfer certificate of registration issued by the clerk; provided, that an additional five (5) working days shall be allowed for any clerk that issues certificates of title for the state under contract with the state. All applications, certificates and other forms, documents or information required by this subdivision (a)(5) to be forwarded to the department may be electronically scanned and forwarded to the department by electronic means;
(6) Notify the department of the surrender of all certificates of registration and registration plates on the same day upon which the certificates of registration and registration plates shall be surrendered to the clerk;
(7) Remit and report, not later than the tenth day of each month, to the department all moneys collected by the clerk on behalf of the department under chapters 1-6 of this title for the titling and registration of vehicles made during the calendar month preceding the date of the report. In the case of those vehicles to be registered by the department, the clerk shall forward the application for registration in a timely manner to the department. All reports, applications, and other forms or documents required by this subdivision (a)(7) to be forwarded to the department, or any other listings pertaining to such documents that may be required by the commissioner, may be electronically scanned and forwarded to the department by electronic means;
(8) Account to the department for all registration plates so consigned to the clerk; and
(9) A county clerk shall not issue a registration for a vehicle based in a county that has been designated by the Tennessee air pollution control board to have a motor vehicle inspection and maintenance program in order to attain or maintain compliance with national ambient air quality standards, except in accordance with terms and conditions as are established in rules of the board.
(b) Any county clerk who is delinquent as much as two (2) days in forwarding the applications for certificate of title, the original copies of the certificates of registration, transfers of registration and surrenders of registrations to the department, or as much as ten (10) days in making the report hereinabove required to be made to the department, commits a Class C misdemeanor. Each day constitutes a separate offense. If any clerk is delinquent as much as ten (10) days in making the remittance required under subdivision (a)(7), there shall be added to the amount of the remittance due a penalty of five percent (5%) of the amount, except that the commissioner shall have the authority to waive the penalty or relieve the clerk of payment of the amount of the penalty.
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