66-19-103 - Garagekeeper's or towing firm's lien.
66-19-103. Garagekeeper's or towing firm's lien.
(a) (1) (A) Garagekeepers or establishments substantially in the business of towing vehicles for hire, pursuant to the provisions of title 55, chapter 16, hereinafter referred to as towing firms shall be entitled to a lien upon all vehicles, which lawfully come into their possession and are retained in their possession until all reasonable charges due are paid. A garagekeeper may, after thirty (30) days, enforce this lien in the manner prescribed for the enforcement of artisans' liens under §§ 66-14-102 66-14-106, except the garagekeeper shall only be required to advertise the sale one (1) time in a newspaper published in the place where the sale is to be held.
(B) If the motor vehicle, including any associated rental equipment, clearly identifies the rental company and a garagekeeper or towing firm lawfully comes into possession of the vehicle and any associated equipment, then the garagekeeper or towing firm shall notify the rental company at the address identified on the vehicle or associated equipment within three (3) working days of taking possession of such vehicle or equipment by registered mail return receipt requested.
(2) The commissioner of commerce and insurance or the commissioner's designee shall notify the commissioner of safety of violations of subdivision (a)(1). Upon receiving such notice, the commissioner of safety shall suspend any contract that the state may have for towing services with the garagekeeper or towing firm for a period of sixty (60) days or notify the appropriate authority to suspend all such contracts with the state.
(3) In addition to any other penalty provided for violation of this section, a violation of subdivision (a)(1) shall also be a violation of title 47, chapter 18, part 1, and the rental company may seek relief under that statute.
(4) A garagekeeper or towing firm may not collect any storage or related fees for any period of time in which the garagekeeper or towing firm was in violation of subdivision (a)(1) with respect to a motor vehicle or associated equipment.
(5) The commissioner of commerce and insurance is authorized to promulgate rules and regulations to effectuate the purposes of this subsection (a) in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(6) The provisions of subdivisions (a)(1)(B) and (a)(2)-(5) and § 55-16-112 shall not apply to new or used motor vehicle dealers licensed under title 55, chapter 17, part 1.
(b) For purposes of this section, garagekeeper means any operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair or maintenance of vehicles.
(c) No person, firm, or entity shall have a right to a lien on any vehicle that has been towed without authorization of a police department or the owner of the vehicle or where the vehicle has been towed in violation of any provisions of title 55, chapter 16.
(d) (1) Any authorization made by a police department to tow a vehicle shall be made in writing. Such authorization shall include:
(A) The name of the officer giving authorization;
(B) The year, make and model, and color of the vehicle to be towed;
(C) The reason for the tow;
(D) The license plate number, if any; and
(E) The vehicle identification number, if it is ascertainable.
(2) A copy of such authorization shall be posted with the vehicle by the officer giving authorization, and shall remain with the vehicle until the vehicle is claimed by the owner.
(e) No person, firm, or entity, unless licensed and regulated under title 55, chapter 17, part 1, shall have a right to a lien against a lienor, who is also the seller of such motor vehicle or who retains title under a title retention or conditional sale agreement, for repairs in excess of two hundred fifty dollars ($250) made on such motor vehicle, unless the person, firm or entity making the repairs has received a written authorization from lienor/seller to make such repairs on the motor vehicle.
[Code 1932, § 7979; modified; T.C.A. (orig. ed.), § 64-1903; Acts 1983, ch. 463, § 3; 1984, ch. 866, § 1; 1996, ch. 868, §§ 1, 6, 8; 1997, ch. 73, §§ 1, 5; 1998, ch. 733, § 1; 1998, ch. 760, § 2; 1998, ch. 1027, §§ 1-3, 5; 1999, ch. 1, § 3; 1999, ch. 235, § 1; 2004, ch. 460, § 1; 2005, ch. 275, § 1.]