4-8-203 - Violation of parking or traffic regulations.
4-8-203. Violation of parking or traffic regulations.
(a) (1) Any person found guilty of violation of the parking or traffic regulations promulgated under §§ 4-8-201 and 4-8-202 is subject to a civil penalty of ten dollars ($10.00) for the first offense, and twenty-five dollars ($25.00) for second and subsequent offenses during a one-year period.
(2) Any person who is found guilty of four (4) or more violations during a one-year period shall have any state-issued parking permit revoked for a period of one (1) year from the date of the last violation.
(3) Provisions of this section shall also apply to parking violations in the state employee parking lots described in § 4-3-1105, and to parking on any other property under state control.
(4) Sections 4-8-201, 4-8-202 and this section shall not apply to tourists with out-of-state auto tags.
(b) (1) The commissioner of safety, or the commissioner's designee, shall conduct a hearing if the person charged with the violation so desires.
(2) The hearing date shall be posted on the citation issued, and will be no less than fifteen (15), nor more than thirty-five (35), calendar days from the date of issuance.
(3) Persons charged who do not desire a hearing may plead guilty to the charge by remitting the assessed civil penalty to the address on the citation.
(4) At each such hearing, the state shall have the burden of proving the subject vehicle was in violation of the parking or traffic regulations promulgated under §§ 4-8-201 and 4-8-202, and failure to carry such burden shall be cause for dismissal of the case.
(c) As provided in §§ 55-8-186 and 55-10-312, the proof of registration shall create the presumption the vehicle was operated by the owner or with the owner's knowledge and consent. It is the responsibility of the registered owner of the vehicle to provide the commissioner with sworn evidence that the vehicle was not being used by the owner, and provide the name, address and driver license number of the person in control of the vehicle at the time of the violation. If the owner fails to provide such information, then the owner shall become personally liable for the violation.
(d) (1) Failure of the person to appear on, or remit the civil penalty by, the hearing date shall result in notice being mailed to the address of the registered owner of the vehicle.
(2) The notice shall set forth a date for the owner to appear and present the information required in subsection (c).
(e) (1) Failure of the registered owner, or the person who was in control of the vehicle on the date of the violation, to either appear for the scheduled hearing or remit the civil penalty shall cause the vehicle to be subject to immobilization.
(2) If the vehicle is again found in violation, the vehicle will be immobilized by the department until such time as all outstanding civil penalties are paid by the owner.
(f) It is the responsibility of the department to maintain records of all vehicles issued citations for violation of this chapter.
(g) Any person aggrieved by a decision of the commissioner, or the commissioner's designee, may appeal in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in chapter 5 of this title.
[Acts 1951, ch. 131, § 3 (Williams, § 423a); modified; Acts 1955, ch. 219, § 1; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 543, §§ 5, 8; T.C.A. (orig. ed.), § 4-809; Acts 1990, ch. 917, § 1; 2001, ch. 109, § 2.]