§ 55-12-108 — Duration of suspension or revocation for failure to report accident or deposit security - Restoration - Determination of fault inadmissible in court of law

(a) Any license, registration, or nonresident's operating privilege suspended or revoked under authority of this part shall remain suspended or revoked and shall not be renewed, nor shall any license or registration be issued to the person until: (1) The person whose driver license and registration have been suspended by authority of § 55-12-104 shall file an accident report and pay a restoration fee of twenty-five dollars ($25.00); (2) A court has rendered a final judgment that relieves the revoked person of any liability for the accident for which failure to deposit security caused revocation; (3) One (1) year from the date of the accident has expired and proof is submitted that no court action has been brought as a result of the accident or when the revoked party has deposited security; (4) A court has rendered a judgment and the judgment is paid, payment of which relieves the revoked party of any further liability for the accident for which failure to deposit security caused revocation; (5) The owner or operator files with the commissioner notarized releases executed by all parties who have previously filed claims with the department as a result of the accident; (6) The person submits a discharge in bankruptcy that discharges all claims of persons involved in the accident with that person; provided, that the discharge from payment of the claims shall not relieve the person from the financial responsibility requirements specified in subdivision (a)(8); (7) The owner or operator submits proof satisfactory to the commissioner of acceptance of liability for the accident and an agreement satisfactory to all parties claiming damages concerning the payment of damages; provided, however, that, if the owner or operator fails to carry out the terms of the agreement, the commissioner may at any time within three (3) years after the accident, upon notice of such failure, take any action that the commissioner might have taken had the agreement not been made; or (8) The person, in addition to the requirements of subdivisions (a)(3)-(7) for restoration of privileges, shall also give and maintain proof of financial responsibility as required under § 55-12-126 , pay a sixty-five-dollar restoration fee and pass the driver license examination as a condition precedent to the restoration of such privileges. (b) The determination by the department as to fault shall be purely an administrative decision and shall not be admissible in any court of law. (c) If a motor vehicle operator or owner has met the requirements set forth in subsection (a) to have the registration of a motor vehicle reinstated, the commissioner of revenue, upon request of the commissioner of safety and upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111 , § 55-4-112 or § 55-4-113 , shall immediately make that reinstatement.

Legislative History

Acts 1977, ch. 446, § 8; T.C.A., § 59-1258; Acts 1980, ch. 817, § 6; 1980, ch. 868, § 4; 1986, ch. 842, §§ 20, 21, 27; 2007, ch. 484, § 81.