§ 55-5-101 — Stolen and recovered motor vehicles - Duties of law enforcement officers - Responsibilities attaching to wrecker, salvage and garage businesses - Penalties

(a) (1) It is the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has been stolen to report the theft of the vehicle to the department of safety immediately after receiving the information. (2) The officer, who recovers or upon receiving information of the recovery of any motor vehicle, chassis, engine, transmission or other parts and accessories taken from the vehicle, which has previously been reported stolen, shall, immediately after receiving this information, report the recovery of the vehicle to the department. (3) The reports of the theft of any motor vehicle and the recovery of any motor vehicle shall be made to the Tennessee highway patrol dispatcher in the area in which the theft and/or recovery occurred. (4) It is the duty of the local sheriff's office or police department where any motor vehicle has been reported stolen or recovered to file and maintain a report of the theft and/or recovery, the report to include, but not be limited to, available information as to ownership and the address of the owner, make, year and color of vehicle, license number and manufacturer's identification number, date of theft and/or recovery, name of person reporting theft and location where the theft occurred, name of person reporting recovery of vehicle and location of recovery, condition of vehicle at place of recovery and list of any parts or accessories found adjacent to recovered vehicle, and name and location of any wrecker or garage operator pulling or storing the vehicle, its parts or accessories. (5) It is the further duty of the local sheriff's office or police department to transmit the information in subdivision (a)(4) pertaining to the theft or recovery of any motor vehicle, its chassis, engine, transmission or other parts and accessories thereof, to the Tennessee highway patrol dispatcher as heretofore set forth. (6) It is the duty of both the department and the local sheriff's office or police department receiving information of the recovery of any motor vehicle, its chassis, engine, transmission, or other parts and accessories, to report the recovery to the owner. (b) (1) No person, firm or corporation engaged in the wrecker and/or garage or automobile salvage business shall remove, pull or store any recovered stolen motor vehicle, chassis, engine, transmission or other parts and accessories, without having first obtained the permission and authorization of either a law enforcement officer, the owner, lienholder or owner's insurer. Upon receiving the required permission to remove, pull or store the vehicle, its chassis, engine, transmission or other parts and accessories, the person, firm or corporation so removing, pulling or storing the motor vehicle or its parts described above, shall immediately notify the Tennessee highway patrol dispatcher of the recovery, the name and address of the owner if known or reasonably ascertainable, the make, year and color of the vehicle, the condition of the vehicle at the place of recovery, and a list of any parts or accessories adjacent to or near the recovered vehicle, the manufacturer's identification number, or engine or transmission number, if ascertainable, the license number if attached to the vehicle or left nearby, the location of recovery and location where the vehicle will be stored, and the name of the person authorizing the removing, pulling or storing of the vehicle or its parts. (2) In the event a motor vehicle is recovered in a stripped or disassembled condition, all recovered parts thereof, including, but not limited to, the chassis, engine, transmission, differential, doors, deck lid, hood, front end clip (fenders and grill), seats, tires and wheels, and any other parts and accessories reasonably inferred to belong with the vehicle shall be taken to the same location, labeled and kept together. (3) In no event shall any part or accessory, including those listed in subdivision (b)(2), be removed from any recovered motor vehicle or its component parts without the written permission of the owner or its insurer. (c) A permanent record of the same information required to be given to the Tennessee highway patrol in regard to recovered vehicles shall be kept by the person, firm or corporation removing, pulling or storing the recovered vehicle for a period of two (2) years from the date of the recovery, and shall be available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant. As used in this subsection (c), "recovered vehicle" means any vehicle towed or stored by a person, firm, or corporation engaged in the business of towing or storing vehicles. (d) Nothing in subsection (c) should be construed to relieve any of the duties and responsibilities placed upon any person, firm or corporation in chapters 14 and 16 of this title. (e) A violation of this section is a Class A misdemeanor.

Legislative History

Acts 1951, ch. 70, § 70 (Williams, § 5538.170); Acts 1972, ch. 725, § 1; modified; T.C.A. (orig. ed.), § 59-501; Acts 1989, ch. 591, § 111; 1992, ch. 829, § 1.