Tenn. Code § 55-31-102

Current through Acts 2023-2024, ch. 1069
Section 55-31-102 - Chapter definitions

As used in this chapter:

(1) "Abandoned motor vehicle" means a motor vehicle that:
(A) Is over four (4) years old and is left unattended on public property for more than ten (10) days;
(B) Is in an obvious state of disrepair and is left unattended on public property for more than three (3) days;
(C) Has remained illegally on public property for a period of more than forty-eight (48) hours;
(D) Has remained on private property without the consent of the owner or person in control of the property for more than forty-eight (48) hours;
(E) Has remained on private residential property without the consent of the owner or person in control of the property; or
(F) Has been stored, parked, or left in a garage, trailer park, or any type of storage or parking lot for more than thirty (30) consecutive days;
(2) "Automatic license plate reader" means one (1) or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert images of vehicles or license plates into computer-readable data that can be used to determine the ownership of a motor vehicle;
(3) "Boot", "booted", or "booting" means the act of installing a vehicle immobilization device on a motor vehicle;
(4) "Commercial parking lot" or "lot":
(A) Means a privately owned parking lot or parking garage used for the temporary storage of motor vehicles, either for a fee or for use by customers of the owner of the parking lot or parking garage; and
(B) Does not include a public street, public right-of-way, or publicly owned parking lot or parking garage;
(5) "Commercial parking lot owner" or "lot owner" means the owner or operator of a commercial parking lot;
(6) "Curbstoning" means selling, offering for sale, advertising for sale, or soliciting the sale of:
(A) A motor vehicle without a properly endorsed certificate of title, as required by §§ 55-3-118 and 55-3-127, by a person or entity engaged primarily in the sale of used motor vehicles if the person or entity is not licensed as a motor vehicle dealer pursuant to chapter 17, part 1 of this title; or
(B) More than five (5) motor vehicles in any twelve-month period when the motor vehicles are titled in the person's name or the name of the entity engaged primarily in the sale of used motor vehicles if the person or entity is not licensed as a motor vehicle dealer pursuant to chapter 17, part 1 of this title;
(7) "Demolisher" means a person whose business is to convert a motor vehicle into processed scrap or scrap metal, or to otherwise wreck or dismantle motor vehicles;
(8) "Employee" means a natural person who is required to file a federal form W-2, wage and tax statement, with the federal internal revenue service for the compensation the natural person receives for work performed;
(9) "Garagekeeper" means:
(A) A towing company;
(B) An operator of a parking place or establishment that is not a commercial parking lot;
(C) A motor vehicle storage facility; or
(D) An establishment for the servicing, repair, or maintenance of vehicles;
(10) "Immobile motor vehicle" means a motor vehicle, trailer, semitrailer, or combination or part of a motor vehicle, trailer, or semitrailer that is immobilized and incapable of moving under its own power due to an accident, mechanical breakdown, weather condition, or other emergency situation;
(11) "Licensed parking attendant" means a parking attendant licensed by a local government pursuant to an ordinance adopted in compliance with § 55-31-203;
(12) "Licensed parking lot" means a commercial parking lot owner licensed by a local government pursuant to an ordinance adopted in compliance with § 55-31-203;
(13) "Local government" means a municipality, county, or county having a metropolitan form of government;
(14) "Motor vehicle portal" means the electronic database or online platform established by the department of revenue pursuant to § 55-31-310;
(15) "Obvious state of disrepair" means a motor vehicle that:
(A) Is inoperable under its own power;
(B) Is without one (1) or more wheels or inflated tires;
(C) Is burned throughout; or
(D) Has more than one (1) broken window;
(16) "Parking attendant" means an employee of a commercial parking lot owner;
(17) "Police department" means:
(A) The Tennessee highway patrol;
(B) The sheriff's department of any county;
(C) The police department of any city or town; or
(D) Any department, board, or commission designated by the legislative body of any county with a metropolitan form of government to perform the duties of a police department specified in this chapter;
(18) "Release fee" means a fee charged by a towing company to release a motor vehicle after the towing company has begun to tow the motor vehicle;
(19) "Towing company" means a person engaged in the business of towing motor vehicles by use of a tow truck;
(20) "Unattended motor vehicle" means:
(A) A motor vehicle, trailer, semitrailer, or combination or part of a motor vehicle, trailer, or semitrailer, that is on public or private property, unattended by the owner or authorized driver, and that interferes with or impedes the orderly flow of traffic; or
(B) A motor vehicle that is unattended by reason of the arrest of the driver of the motor vehicle; and
(21) "Vehicle immobilization device" means a device that is designed or adapted to be attached to a parked motor vehicle to prohibit the motor vehicle's usual manner of movement or operation.

T.C.A. § 55-31-102

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