(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 66-19-103

  • Contract: A legal written agreement that becomes binding when signed.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • 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
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1)

(A) Garagekeepers or establishments substantially in the business of towing vehicles for hire, pursuant to title 55, chapter 16, hereinafter referred to as “towing firms,” shall be entitled to a lien upon all vehicles that lawfully come into their possession and are retained in their possession until all reasonable charges due are paid. A garagekeeper may, after thirty (30) days, enforce this lien in the manner prescribed for the enforcement of artisans’ liens under §§ 66-14-102 – 66-14-106, except the garagekeeper shall:

(i) Only be required to advertise the sale one (1) time in a newspaper published in the place where the sale is to be held; and
(ii) Include the vehicle identification number, if it is ascertainable, in the notice required pursuant to § 66-14-103 and in the advertisement of the sale described in § 66-14-104.
(B) If the motor vehicle, including any associated rental equipment, clearly identifies the rental vehicle company, the United States department of transportation (USDOT) number issued by the federal motor carrier safety administration (FMCSA), a registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2), or a registration plate issued and attached to the trailer described in § 55-4-113(a)(5), and a garage keeper or towing firm lawfully comes into possession of the vehicle and any associated equipment, then the garage keeper or towing firm shall notify the rental vehicle company, the owner of the motor vehicle identified by the USDOT number or the owner assigned to the registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) or a registration plate issued and attached to the trailer described in § 55-4-113(a)(5), at the address identified with the USDOT number, rental equipment information, or the vehicle’s registration within three (3) working days of taking possession of such vehicle or equipment by registered mail return receipt requested.
(2) The commissioner of commerce and insurance or the commissioner’s designee shall notify the commissioner of safety of violations of subdivision (a)(1). Upon receiving such notice, the commissioner of safety shall suspend any contract that the state may have for towing services with the garagekeeper or towing firm for a period of sixty (60) days or notify the appropriate authority to suspend all such contracts with the state.
(3) In addition to any other penalty provided for a violation of this section, a violation of subdivision (a)(1) is also deemed to be a violation of title 47, chapter 18, part 1, and the rental vehicle company, the owner of the motor vehicle identified by the USDOT number or the owner assigned to the registration plate issued and attached to the motor vehicle described in § 55-4-113(a)(2) or a registration plate issued and attached to the trailer described in § 55-4-113(a)(5) may seek relief under that part.
(4) A garagekeeper or towing firm may not collect any storage or related fees for any period of time in which the garagekeeper or towing firm was in violation of subdivision (a)(1) with respect to a motor vehicle or associated equipment.
(5) The commissioner of commerce and insurance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (a) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(6) Subdivisions (a)(1)(B) and (a)(2)-(5) and § 55-16-112 shall not apply to new or used motor vehicle dealers licensed under title 55, chapter 17, part 1.
(b) As used in this section:

(1) “Garagekeeper” means an operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair, or maintenance of vehicles; and
(2) “Rental vehicle company” means a person or entity, or a subsidiary or affiliate of the person or entity, including a franchisee, in the business of renting vehicles to the public.
(c) A person, firm, or entity shall not have a right to a lien on a vehicle that has been towed in violation of title 55, chapter 16. If the owner of the vehicle is not present, then within fifteen (15) minutes of a person, firm, or entity towing the vehicle pursuant to this chapter, the person, firm, or entity shall notify local law enforcement of the vehicle identification number (VIN), registration information, license plate number, and description of the vehicle. A violation of this notification requirement by a person, firm, or entity is a Class A misdemeanor. Local law enforcement shall keep a record of that information, which must be available for public inspection.
(d)

(1) Any authorization made by a police department to tow a vehicle shall be made in writing. Such authorization shall include:

(A) The name of the officer giving authorization;
(B) The year, make and model, and color of the vehicle to be towed;
(C) The reason for the tow;
(D) The license plate number, if any; and
(E) The vehicle identification number, if it is ascertainable.
(2) A copy of such authorization shall be posted with the vehicle by the officer giving authorization, and shall remain with the vehicle until the vehicle is claimed by the owner.
(e) No person, firm, or entity, unless licensed and regulated under title 55, chapter 17, part 1, shall have a right to a lien against a lienor, who is also the seller of such motor vehicle or who retains title under a title retention or conditional sale agreement, for repairs in excess of two hundred fifty dollars ($250) made on such motor vehicle, unless the person, firm or entity making the repairs has received a written authorization from lienor/seller to make such repairs on the motor vehicle.
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