§ 55-12-127 — Surrender of license or registration upon revocation, suspension or cancellation - Enforcement officers - Violations - Penalties

(a) Any person whose license or registration is revoked, suspended or cancelled under any provision of chapter 10 or 50 of this title, or under this part, shall immediately surrender that person's operator's license to the commissioner of safety and surrender that person's motor vehicle registration to the commissioner of revenue. If any person fails to return to the commissioner of safety that person's license, or to return to the commissioner of revenue that person's registration, as provided in this part, the commissioner of safety shall immediately direct any peace officer or enforcement officer of the department of safety to secure possession of the license or registration, and to return the license to the department of safety or the registration to the department of revenue. For the purpose of enforcing this portion of this part, any officer of the department or any local law enforcement officer of any city or county may, when in possession of or having knowledge of an order of surrender, take possession of any suspended, revoked or cancelled driver license and/or vehicle registration in the possession of the driver, when the driver has failed to return the license or vehicle registration to the commissioner of safety or the commissioner of revenue as provided herein. All of the confiscated licenses shall be immediately forwarded to the commissioner of safety and all of the confiscated registrations and plates shall be immediately forwarded to the commissioner of revenue together with the completed notification of service of the order. Upon receipt of the fee provided in subsection (b), the commissioner shall make a payment of twenty-five dollars ($25.00) to the local law enforcement agency seizing the licenses and/or vehicle registration plates, for the remittance of an executed order of suspension, cancellation or revocation and return of all seized licenses and plates. The fees received by the local law enforcement agency shall be deposited in the agency's operational fund account and used for the enforcement of the state's traffic laws, including, but not limited to, chapters 10 and 50 of this title. (b) It is a Class C misdemeanor for any person to willfully fail, within twenty (20) days after cancellation, suspension or revocation, to return a license or registration as required in subsection (a). Any person who is unable to furnish proof of financial responsibility as of the time of the cancellation, suspension or revocation and who does not surrender the cancelled, suspended or revoked license or registration within twenty (20) days from the date of the cancellation, suspension or revocation shall pay to the department of safety a fee of seventy-five dollars ($75.00) prior to reinstatement of the license or registration. If the department of safety, pursuant to this subsection (b), reinstates a person's license, and if that person's motor vehicle registration has been cancelled, suspended or revoked as required by subsection (a), then the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration 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 , the registration shall be reinstated immediately. This fee shall be in addition to any other fees or requirements necessary for reinstatement.

Legislative History

Acts 1977, ch. 446, § 27; T.C.A., § 59-1277; Acts 1986, ch. 842, § 24; 1989, ch. 342, §§ 1, 2; 1989, ch. 591, § 113; 2007, ch. 484, § 89.