§ 55-31-302 — Notice - Penalty

(a) A police department that takes into custody an abandoned, immobile, or unattended motor vehicle, shall, within three (3) business days after taking the motor vehicle into custody, verify ownership of the motor vehicle pursuant to subsection (f). The police department shall, within three (3) business days after receiving verification of ownership, notify by a nationally recognized overnight delivery carrier, other than the United States postal service, requesting proof of delivery, the last known registered owner of the motor vehicle and all lienholders of record that the vehicle has been taken into custody. The notice must: (1) Describe the year, make, model, and vehicle identification number of the abandoned, immobile, or unattended motor vehicle; (2) Stipulate the location of the facility where the motor vehicle is being held; (3) Inform the owner and any lienholders of the right to reclaim the motor vehicle within twenty (20) days after the date of the notice, upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody; and (4) State that the failure of the owner or lienholder to exercise the right to reclaim the vehicle within the time provided is deemed a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the sale of the abandoned, immobile, or unattended motor vehicle at a public auction. (b) (1) A police department is not required to comply with subsection (a) if it provides preseizure notice to the owner of the motor vehicle and all lienholders of record that the vehicle has been found to be abandoned, immobile, or unattended. (2) A preseizure notice must be sent by a nationally recognized overnight delivery carrier, other than the United States postal service, requesting proof of delivery, to the last known address of the owner of record and to all lienholders of record. (3) The preseizure notice must: (A) Be written in plain language; (B) Contain the year, make, model, and vehicle identification number of the motor vehicle, if ascertainable; (C) Provide the location of the motor vehicle, and a statement advising the owner that the police department will take the abandoned, immobile, or unattended vehicle into custody in no less than twenty (20) days, unless the owner appeals the determination by the police department that the vehicle is abandoned, immobile, or unattended or the owner removes the vehicle from the property within the twenty-day period; (D) Inform the owner and any lienholders of the right to reclaim the motor vehicle after it is taken into custody but before it is sold or demolished, upon payment of all towing, preservation, storage, or other charges resulting from placing the vehicle in custody; and (E) State that the failure of the owner or lienholders to exercise the right to reclaim the vehicle will be deemed a waiver by the owner and all lienholders of all right, title, and interest in the vehicle and consent to the demolition of the vehicle or its sale at a public auction. (4) If the owner or lienholder cannot be located through the exercise of due diligence, then notice on the motor vehicle portal must be given as set out in subsection (c). (5) If the owner or lienholder of an abandoned, immobile, or unattended motor vehicle fails to appeal the determination that the vehicle is abandoned, immobile, or unattended or fails to remove the motor vehicle within twenty (20) days from receipt of the preseizure notice required by this subsection (b), then the police department may take the vehicle into custody. (6) If an appeal is made, then the police department shall not take the motor vehicle into custody while the appeal is pending. (7) Without exception, failure to appeal within the specific time period constitutes a waiver of the right of appeal. (c) If there is no response to the notice requesting proof of delivery provided for in subsection (a), then the police department shall make notice within three (3) business days of receipt of the delivery confirmation by posting the abandoned, immobile, or unattended motor vehicle on the motor vehicle portal. (d) The consequences and effect of failure to reclaim an abandoned, immobile, or unattended motor vehicle must be as described in a valid notice given pursuant to this section. (e) If the owner of a motor vehicle is not present at the time the motor vehicle is towed, then within fifteen (15) minutes of a person, firm, or entity towing the motor vehicle pursuant to this chapter, such person, firm, or entity must notify local law enforcement of the vehicle identification number (VIN), registration information, license plate number, and description of the vehicle. A violation of this requirement is a Class B misdemeanor. A police department shall keep a record of all information required by this subsection (e) that the police department must make available for public inspection. (f) If an employee of a public agency, a towing company contracting with a public agency, or a towing company authorized to tow by a private property owner or the private property owner's authorized agent, takes possession of a motor vehicle found abandoned, immobile, or unattended, then an employee of the agency shall verify ownership through the Tennessee information enforcement system (TIES) and shall place the ownership information on the towing sheet or form. The agency shall also provide the ownership information to a garagekeeper with whom the agency has a contract or to a towing company authorized to tow by a private property owner or private property owner's authorized agent, as applicable. If a public agency attempts to verify ownership information through TIES and the response is "Not on File," then the agency shall contact the department of revenue title and registration division, which must search records not contained in TIES for the ownership information. If the title and registration division locates ownership information through this search, then the division must notify the appropriate public agency and the agency must distribute the information as provided in this subsection (f). When any other person takes possession of a motor vehicle found abandoned, immobile, or unattended, the action must be reported immediately to the taxpayer and vehicle services division for verification of ownership on a form prescribed and provided by the registrar of motor vehicles. (g) (1) In addition to the notification requirements of subsection (a), a garagekeeper that has in its possession an abandoned, immobile, or unattended motor vehicle taken into custody by a police department or authorized by a private property owner or the private property owner's authorized agent to be towed, and in whose possession the motor vehicle was lawfully placed by the police department or authorized to be placed by a private property owner or the private property owner's authorized agent, shall, within three (3) business days after the motor vehicle is taken into its possession, verify ownership of the motor vehicle pursuant to subsection (f). 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 subsection (a) apply to the notice required to be provided by a garagekeeper pursuant to this subdivision (g)(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 by requesting proof of delivery 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 is not entitled to 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 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 (g) does not apply to the garagekeeper; provided, however, that this subdivision (g)(3) does not exempt the garagekeeper from any other notification requirements under this section or other provision of law.

Legislative History

Added by 2024 Tenn. Acts, ch. 1017,s 4, eff. 7/1/2024.