How often do you read through these regulations before purchasing a car? How much of this do/could you understand? How sure are you that you follow all of them? What would happen if you didn't? Do you think all of this is necessary to buy a car?...or might it be necessary to make taxes less transparent in order to make you pay more to the government?
55-4-101. Registration required before operation — Application — Issuance of registration and license plates — Rules and regulations — Temporary permit — Transfer of registration when changing vehicles — Fees — Safety rules for homemade trailers. —
(a) (1) As a condition precedent to the operation of any motor vehicle upon the streets or highways of this state, the motor vehicle shall be registered as provided in this chapter.
(2) The registration and the fees provided for registration shall constitute a privilege tax upon the operation of motor vehicles.
(b) The commissioner shall be, and is constituted, the registrar of motor vehicles and, except as otherwise provided in chapters 1-3, this chapter and chapters 5 and 6 of this title, every owner of a vehicle intended to be operated in this state and required by this chapter to be registered shall, before same is operated, apply to the department for the registration of, and the registration plates for, the vehicle.
(c) Application for registration shall be made, in the manner prescribed by the commissioner on forms provided or approved by the department, to the county clerk of the county of the owner's residence or of a county wherein the vehicle is based or is to be operated, except that a nonresident may apply directly to the department for registration. Any applicant for registration under any allowance or requirement for the apportionment of the fee shall apply to the department.
(d) (1) (A) Upon finding the title to the vehicle or application for the title in order and all fees required under chapters 1-3, this chapter and chapters 5 and 6 of this title duly tendered, the county clerk shall forward the application for registration, together with the proper fee, to the department in the manner provided by law, and the department upon registering the vehicle shall issue or cause to be issued a registration certificate and license plate or plates to the owner; provided, that any person operating a vehicle under the terms of a bona fide lease agreement of not less than ninety (90) days' tenure may, with the written consent of the owner and other reasonable evidence of right to possession of the vehicle as the commissioner may require, apply to the department for, and be issued, registration and plate or plates thereunder.
(B) The lessee-registrant shall be deemed to be the lawful holder of the registration with all rights in and to it as may be provided under this chapter for owner-registrants, except that each application requiring the owner's consent to register shall be accompanied by a fee of two dollars ($2.00) in addition to other fees required by law.
(C) Any requirements in this title to the contrary notwithstanding, the commissioner is authorized to approve registrations and issue the certificates and plates thereunder, and the several county clerks are designated deputies to perform duties in connection with approving registrations and issuing certificates and plates as the commissioner may prescribe; provided, that the commissioner's authority to remove plates to a point of central distribution to the applicants for registration is limited to those issued for freight motor vehicles, other than farm trucks, in weight classes of eighteen thousand (18,000) or more pounds or for vehicles owned by nonresidents and other vehicles as may be registered under a proration program or like plan allowing the apportionment of fees; and provided further, that any clerk taking an application to be forwarded to the department shall likewise be entitled to the fee provided in § 55-6-101(a)(1).
(D) The commissioner is empowered to make all rules and regulations respecting the manner in which applications shall be made and the manner in which any application and fee shall be forwarded to the department.
(E) Notwithstanding any other law to the contrary, the commissioner has the authority to establish a procedure to accept electronically any and all remittances, titling and registration transactions.
(2) The commissioner shall not issue a registration for a vehicle based in a county that has been designated by the Tennessee air pollution control board to have a motor vehicle inspection and maintenance program in order to attain or maintain compliance with national ambient air quality standards, except in accordance with terms and conditions as are established in rules of the board.
(e) The department, in its discretion, may grant a temporary permit to operate a vehicle for which application for registration has been made, where the application is accompanied by the proper fee pending action upon the application by the department.
(f) The registration shall be valid from the time of issuance until the date provided for the annual expiration of registration, except it shall likewise expire upon the prior transfer of any interest by operation of law or otherwise in or pertaining to the vehicles so registered; provided, that upon the registration becoming void by reason of the transfer of ownership, the owner-registrant may, upon application to the department through the county clerk by surrender of the certificate and payment of a fee of one dollar ($1.00) plus the clerk's fee, register another vehicle for the unexpired portion under the same number and be issued a new certificate properly identifying the vehicle to which the license has been transferred. If the vehicle to be registered is of a weight or classification that requires the payment of a higher fee, the applicant must surrender both the certificate and the plate or plates to the clerk, and, upon payment of the amount being the difference between the fees required for the two (2) registrations as of that date, together with the one dollar ($1.00) transfer fee and the clerk's fee, be issued a new certificate of registration and appropriate plate or plates. Further, it shall be allowable for one holding a license as an individual to submit it, under this subsection (f), in application for reassignment to a vehicle which this licensee holds by the entireties with the licensee's spouse. If a vehicle is permanently withdrawn from a proportionally registered fleet and a replacement vehicle is added to the fleet in the same calendar month, the replacement vehicle shall be considered fully registered as provided in this section if the vehicle is registered for a weight equal to or less than the vehicle permanently withdrawn or if the additional registration fee, one dollar ($1.00) transfer fee, and clerk's fee are paid when the replacement vehicle is registered for a weight greater than the vehicle withdrawn. If a vehicle is permanently withdrawn from a proportionally registered fleet and is not replaced by another vehicle in the same calendar month, credit shall be allowed as follows:
(1) The credit shall be a sum equal to the amount paid with respect to such vehicle when it was first proportionally registered in the registration year, reduced by one-twelfth (1/12) for each calendar month or fraction of the calendar month elapsing since the beginning of the registration year;
(2) The credit may be applied against subsequent additions to the fleet or for other additional registration fees assessed; and
(3) In no event shall credit be allowed for fees beyond such registration year, nor shall any such amount be subject to refund.
(g) With the approval of the registrar, a license issued for a vehicle that has been destroyed or necessarily removed from service may be transferred to a replacement vehicle in the same manner and under the same conditions provided under this allowance for the reassignment of registration.
(h) (1) When the registrar has issued two (2) valid registrations for the same vehicle, title to which remains vested in the same person, the second registration being taken only for the purpose of qualifying it for operation under a lawful requirement for proration of the registration fee, a refund may be made of the unused portion of the fee paid for the first issued of the two (2) outstanding registrations, less ten dollars ($10.00). Surrender of both the first certificate of registration and the related license plate, and the submission of any other documentation as the registrar may require, is a prerequisite to the payment of the refund, that shall be proportionate to the number of full months remaining in the registration period when the second registration was taken.
(2) When the registrar has issued a valid registration for a vehicle to a lessee-registrant for the purpose of qualifying it for operation under a lawful requirement for proration of the registration fee, and the bona fide lease agreement pertaining to the vehicle is terminated, the lessee-registrant may transfer the license issued to a replacement vehicle in the same manner and under the same conditions provided under this allowance for the reassignment of registration, or surrender both the certificate of registration and relative license plate and any other documentation as the registrar may require to secure a refund of the unused portion of the fee paid, which shall be proportionate to the number of full months remaining in the registration period for which registration was issued; provided, that the annual license fee for the surrendered license plate is one hundred fifty dollars ($150) or more.
(i) (1) The registrant may surrender the certificate and plate or plates to the department through the county clerk in an application for a registration of some other class or classification for the same vehicle and be issued a new certificate for it, together with appropriate plate or plates, upon the payment of a fee of one dollar ($1.00) and the clerk's fee, and if the new registration requires a higher fee, that amount being the difference in the fees required for the two (2) registrations as of the date of application.
(2) Any person registering a motor vehicle under § 55-4-113, who during the registration year exchanges the original registration for a registration in a lesser class and subsequently desires to register the vehicle in the class of the original registration or some lesser class, may do so upon the payment of a fee of one dollar ($1.00) and the clerk's fee.
(3) In addition to this allowance for the reregistration of the vehicle by reason of some change in its use or design, it shall likewise be permissible for a vehicle to be reregistered, in the same class under the same license number, when the owner, an individual, makes an assignment to self and spouse for the purpose of establishing tenancy to the vehicle by the entireties.
(4) Application under this subsection (i), an exception to the requirement for an original registration, shall be made in the manner described in subdivisions (i)(1)-(3) except the fee shall be two dollars and fifty cents ($2.50) plus the clerk's fee.
(j) The reassignment of registrations as provided in this section shall be allowable among all classifications and, in computing a reassignment fee, the value of the registration being surrendered shall be determined by establishing that amount which would be the fee required for its issuance as of the date of the application for reassignment. Any law to the contrary notwithstanding, no fee shall be charged for the transfer of registration of any motor vehicle to any person acquiring title to the motor vehicle as a result of the death of the spouse of this person if application for transfer is made within one (1) year from the date of the spouse's death.
(k) The owner of a motorized bicycle may, subject to the approval of the commissioner, apply for registration and registration plates for the motorized bicycle. The commissioner shall by regulation provide for the manner in which single applications are to be made and the conditions under which they may be allowed; however, this subsection (k) shall not be construed as granting the commissioner authority to issue registration and plates for motorized bicycles on any basis other than as is required in this chapter. Each applicant for registration under this provision shall be charged the same registration taxes imposed on Class (A) motor vehicles by § 55-4-111.
(l) (1) Trailers, semi-trailers and pole trailers domiciled in Tennessee which are homemade or materially reconstructed, as defined herein, shall not be titled or registered, where required under the provisions of this title, to operate over the roads and highways of Tennessee, unless the department certifies that the trailer, semi-trailer or pole trailer complies with the provisions of § 65-15-113 and with any applicable safety rules and regulations promulgated by the department.
(2) It is unlawful to operate trailers, semi-trailers and pole trailers titled or registered in accordance with this chapter that are subsequently materially reconstructed during the term of the title or registration for the trailer without certification from the department that the reconstructed trailer complies with § 65-15-113 and all applicable safety rules and regulations.
(3) As used is this subsection (l ):
(A) “Homemade” means the construction or assembly of a trailer from new or used parts, using a body or frame not originating from any previously manufactured trailer, and not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles; and
(B) “Materially reconstructed” means substantial alteration or modification made to an original manufacturer's specifications. Substantial alterations or modifications shall be deemed to have occurred if the trailer has undergone a major manufacturing alteration, which has materially changed the original configuration, structure or specifications of basic components of a previously assembled or manufactured trailer.
[Acts 1951, ch. 70, § 40 (Williams, § 5538.140); Acts 1953, ch. 167, § 5; 1955, ch. 52, § 3; 1963, ch. 143, § 5; 1963, ch. 145, § 3; 1963, ch. 156, § 1; 1965, ch. 272, § 1; 1965, ch. 337, § 1; 1970, ch. 549, §§ 1, 2; 1972, ch. 627, § 1; 1973, ch. 234, § 2; 1976, ch. 432, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1979, ch. 247, § 3; T.C.A. (orig. ed.), § 59-401; Acts 1981, ch. 130, § 1; 1986, ch. 798, § 1; 1988, ch. 817, § 3; 1993, ch. 416, § 1; 1995, ch. 305, § 109; 2001, ch. 233, § 1; 2007, ch. 484, § 34; 2008, ch. 1007, § 6.]
55-4-103. Registration plates furnished by department — Form and contents — Size — Replacement plates — Reissue of plates — County name strip — Recycling of plates. —
(f) (1) To promote highway safety and increase visibility and legibility on registration plates, the plates shall be fully reflectorized. The commissioner has the authority to establish specifications covering reflectorization.
(2) In addition to the fee imposed in subdivision (f)(3) and in addition to all other motor vehicle registration fees prescribed by law, there shall be paid to the department the additional fee of seventy-five cents (75¢) at the time of the issuance of registration plates or the renewal thereof.
(3) In addition to all other motor vehicle registration fees prescribed by law, there shall be paid to the department the additional sum of one dollar ($1.00) at the time of the issuance of registration plates or the renewal thereof.
(g) When any plate becomes so mutilated or effaced as to no longer meet the requirements of the law, the holder shall apply to the department for suitable replacement. The commissioner is authorized to promulgate rules and regulations as may be necessary to provide for the replacement of lost or destroyed plates and to collect a fee of ten dollars ($10.00) for each application.
55-4-104. Expiration of certificates and plates — Renewal — Decals — Fees — Renewal of special plates. —
(a) All certificates of registration and registration plates issued under chapters 1-3, this chapter and chapters 5 and 6 of this title shall expire at twelve o'clock midnight (12:00) on March 31 of each year. These certificates of registration and registration plates shall be available for renewal and purchase commencing on March 1 of each year.
(b) There is excepted from application of subsection (a) all of the registration classes for private passenger motor vehicles, motorcycles registered after March 23, 1994, under Class (A) of § 55-4-111, and Class 1 registrations only of the combined farm and limited private trucks classification. The application of the provisions contained in subsection (a) do not apply to registration plates for handicapped drivers, and this subsection (b) for registration renewals at alternative intervals apply to registration plates for handicapped drivers. With respect to these motor vehicles, the commissioner shall establish a system of registration renewals at alternative intervals which will allow for the distribution of the registration workload as uniformly as is practicable throughout the calendar year. Registrations issued under the alternative method are valid for twelve (12) months, and expire on the last day of the last month of the registration period. However, during a transition period, or at any time thereafter when the commissioner shall determine that the volume of work for any given interval is unduly burdensome or costly, either registrations or renewals, or both of them, may be issued for terms of not less than six (6) nor more than eighteen (18) months; provided further, however, that if a motor vehicle or motorcycle owner attests that the owner will be absent from the state during the owner’s annual registration renewal month and all other requirements for registration have been met, then during the ninety-day period immediately preceding the annual registration renewal month, the registration may be renewed for the original registration period. The commissioner shall provide all registration plates, tabs, stickers and other required devices to county clerks at least ninety (90) days prior to each registration period to facilitate such early renewal. The fee imposed for registration of any vehicle under the alternative interval method for a period of other than twelve (12) months shall be proportionate to the annual fee fixed for the vehicle and modified in no other manner, except that the proportional fee shall be rounded off to the nearest quarter of a dollar (25¢).
(c) (1) Notwithstanding the provisions of subsection (a) to the contrary, the commissioner shall establish a system of registration and registration renewals for vehicles registered pursuant to § 55-4-113, whereby these registration and registration renewals expire one (1) year after the purchase or lease for vehicles that are purchased or leased after July 1, 1996. If registration plates are transferred to these vehicles from a vehicle previously registered pursuant to § 55-4-113, then the fee for the registration plate shall be prorated accordingly.
(2) Certificates of registration, registration plates and renewals of registrations and plates registered pursuant to § 55-4-113, that expire February 28, 1997, are extended until twelve o'clock midnight (12:00) on March 31, 1997. Thereafter renewals of the registration and registration plates shall be in accordance with subsection (a).
(d) (1) Upon proof of the payment of all fees accruing therefor, the commissioner shall have continuing authority to revalidate motor vehicle registration plates for a period of one (1) year at a time, or one (1) or more quarters of a year, and is authorized to supply the county clerks of the several counties with tabs, stickers, or other devices, that shall be affixed to the registration plates revalidated to indicate the period for which these revalidated registration plates shall be valid.
(2) The commissioner shall not issue a registration renewal for a vehicle based in a county that has been designated by the Tennessee air pollution control board to have a motor vehicle inspection and maintenance program in order to attain or maintain compliance with national ambient air quality standards, except in accordance with terms and conditions as are established in rules of the board.
[Acts 1951, ch. 70, § 41 (Williams, § 5538.141); Acts 1959, ch. 307, § 1; 1968, ch. 525, § 1; impl. am. Acts 1970, ch. 420, § 1; Acts 1971, ch. 157, § 1; 1976, ch. 484, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; Acts 1979, ch. 157, § 1; T.C.A. (orig. ed.), § 59-404; Acts 1981, ch. 15, § 1; 1984, ch. 806, §§ 2, 3; 1987, ch. 434, § 1; 1989, ch. 414, § 1; 1991, ch. 244, § 3; 1993, ch. 416, § 2; 1994, ch. 668, § 1; 1995, ch. 195, § 2; 1996, ch. 839, § 1; 2008, ch. 1196, § 1.]
55-4-105. Renewal certificates and registration plates — Application — Mail order service — Issuance — Replacement of lost registrations — Locations for obtaining renewal. —
(a) (1) Application for renewal certificates of registration and registration plates shall be made by the owner by the surrender of the owner's old certificate of registration or other indicia thereof as the commissioner may authorize to the vehicle and the payment of the required fee for renewal registration.
(2) The office of county clerk may make inquiry into an owner, including, but not limited to, review of driver records for the purpose of establishing an owner's residence or address, before issuing a renewal of registration or a tab, sticker or other device as a prerequisite to payment of wheel or road taxes. Upon request of the office of the county clerk, the department shall provide a current list of the names, drivers' license numbers and addresses of drivers from the requesting county.
(b) The registrar of motor vehicles, or deputy as provided by law, may receive applications for renewal certificates of registration and registration plates and issue the certificates and plates commencing on March 1 of each year.
(c) Each county clerk shall provide a mail order service for the renewal of registrations whereby registrants may apply for and receive the renewal certificates and plates or decals through the United States postal service. Except as otherwise required by law, an application for renewal by mail must be postmarked not later than twenty (20) days before the license expiration date to allow time for processing. Each county clerk may impose a fee of two dollars ($2.00) for the service of handling mail orders of plates and decals.
(d) In the event a plate or decal is lost after issuance and mailing, and before delivery to the registrant, the county clerk shall, as agent for the state, process a replacement registration at no charge upon application and affidavit from the registrant. The county clerk shall verify the registration and date of mailing.
(e) (1) The holder of a valid and outstanding certificate of registration for a noncommercial vehicle shall apply for its renewal through the office of the clerk of the county of the owner's residence. The registration issued for a commercial vehicle may be renewed through the office of the clerk of the county of the owner's principal place of business within the state, or of the county of incorporation in the case of a corporate owner or of any other county in which the owner or corporate owner maintains an office or place of business. Any applicant for the renewal of a registration under which the fee is to be prorated or apportioned and any nonresident applicant for renewal shall, within the discretion of the commissioner, make application directly to the division.
(2) For the purposes of this subsection (e), “commercial vehicle” means any vehicle that is operated in the furtherance of any commercial enterprise; provided, that vehicles registered with Tennessee Association of Realtors new specialty earmarked license plates shall be deemed not to be commercial vehicles.
(3) A violation of subdivision (e)(1) for the renewal of a motor vehicle license in certain locations is a Class C misdemeanor.
(A) If a county wheel tax or like local fee is due and owing to local government for the use of the vehicle, the owner or operator shall, upon conviction, be punished in accordance with a Class B misdemeanor and subject to the fine only.
(B) In instances of violations in which it is found that the wheel tax or local fee has been paid or is not due, the court may, in the event of a conviction, substitute, in lieu of the punishment set forth in subdivision (e)(3)(A), a fine of not less than five dollars ($5.00) nor more than ten dollars ($10.00).
(f) Notwithstanding any law to the contrary, the office of county clerk shall not be required to review the driving record of any owner before issuing a certificate of registration or a tab, sticker or other device as a prerequisite to payment of wheel or road taxes.
[Acts 1951, ch. 70, § 42 (Williams, § 5538.142); Acts 1969, ch. 53, § 1; 1970, ch. 357, § 1; 1971, ch. 157, § 2; 1972, ch. 540, § 7; 1973, ch. 5, § 1; 1973, ch. 234, § 1(b); 1977, ch. 23, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 59-405; Acts 1980, ch. 744, § 1; 1989, ch. 136, § 2; 1989, ch. 218, § 1; 1989, ch. 591, § 113; 1991, ch. 232, § 1; 1993, ch. 529, § 1; 2003, ch. 178, §§ 1, 2; 2008, ch. 924, § 5; 2008, ch. 1165, § 38.]
55-4-107. Lost, mutilated or illegible certificates — Replacement — Fee. —
In the event any certificate of registration is lost, mutilated or becomes illegible, the owner of the vehicle for which the certificate was issued, as shown by the records of the county clerk for the county where the vehicle was registered, or the owner's legal representative, shall immediately make application for and obtain a replacement certificate of registration upon the payment of the fee provided in § 55-6-104.
[Acts 1951, ch. 70, § 43 (Williams, § 5538.143); impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 59-407.]
55-4-108. Signing registration certificate — Carried in vehicle or on driver's person — Display — Exception. —
(a) Every certificate of registration shall at all times be carried in the vehicle to which it refers or shall be carried by the person driving, or in control of the vehicle, who shall display the certificate upon demand of any officer or employee of the department. The owner may, in order to ensure its safekeeping, provide a duplicate or facsimile of the certificate of registration to be kept in the vehicle for display by any person who may legally operate the vehicle under the owner's registration.
(b) The provision of subsection (a) requiring that a certificate of registration be carried in the vehicle to which it refers, or by the person driving the vehicle, shall not apply when the certificate of registration is used for the purpose of making application for renewal of registration or upon a transfer of the vehicle.
(c) A violation of this section is a Class C misdemeanor.
55-4-109. Number of plates — Issuance. —
In registering any motor vehicle, the county clerk shall cause to be issued one (1) registration plate.
[Acts 1951, ch. 70, § 45 (Williams, § 5538.145); Acts 1953, ch. 167, § 6; 1955, ch. 52, § 4; 1959, ch. 26, § 1; 1975, ch. 128, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 59-409.]
55-4-110. Display of registration plates — Manner — Penalty for violation. —
(a) The registration plate issued for passenger motor vehicles shall be attached on the rear of the vehicle. The registration plate issued for those trucks with a manufacturer's ton rating not exceeding three-quarter (¾) ton and having a panel or pickup body style, and also those issued for all motor homes, regardless of ton rating or body style thereof, shall be attached to the rear of the vehicle. The registration plate issued for all other trucks and truck tractors shall be attached to the front of the vehicle. All dealers' plates, as provided in § 55-4-221, and those registration plates issued for motorcycles, trailers or semitrailers shall be attached to the rear of the vehicle.
(b) Every registration plate shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so to prevent the plate from swinging and at a height of not less than twelve inches (12²) from the ground, measuring from the bottom of the plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible. No tinted materials may be placed over a license plate even if the information upon the license plate is not concealed.
(c) (1) A violation of this section is a Class C misdemeanor. All proceeds from the fines imposed by this subsection (c) shall be deposited in the state general fund.
(2) A person charged with a violation of this section may, in lieu of appearance in court, submit a fine of ten dollars ($10.00) for a first violation, and twenty dollars ($20.00) on second and subsequent violations to the clerk of the court that has jurisdiction of the offense within the county in which the offense charged is alleged to have been committed.
[Acts 1951, ch. 70, § 46 (Williams, § 5538.146); Acts 1953, ch. 167, § 7; 1955, ch. 52, § 5; 1957, ch. 108, § 1; 1959, ch. 26, § 2; 1973, ch. 234, § 3; 1974, ch. 525, § 2; 1975, ch. 128, § 2; T.C.A. (orig. ed.), § 59-410; Acts 2004, ch. 698, §§ 1, 2.]
55-4-111. Registration fees — Classification of vehicles — Registration taxes. —
(a) (1) In order to facilitate efficient and uniform enforcement of chapters 1-3, this chapter and chapters 5 and 6 of this title, motor vehicles, excepting such motor vehicles as are constructed for the purpose of transporting tangible personal property or other property, and passenger motor vehicles operating for hire, are classified, and the respective registration taxes imposed are fixed as follows:
(2) Notwithstanding any law to the contrary, the first one dollar ($1.00) of each registration fee imposed by subdivision (a)(1) shall be paid into the state treasury and credited to the police pay supplement fund.
(b) (1) Upon receipt of an application on a form prescribed by the commissioner, applying for registration and certifying that the motor vehicle for which registration is being applied is an “antique motor vehicle,” the commissioner may issue license plates to owners of antique motor vehicles in accordance with the provisions of part 2 of this chapter. These license plates shall bear the word “ANTIQUE” in capital letters at the bottom of their plate, and a unique identifying number in the center of the plate. For the purpose of this section, “antique motor vehicle” means a motor vehicle over twenty-five (25) years old with a nonmodified engine and body that is used for participation in club activities, exhibits, tours, parades, and similar uses as a collector's item, and that may be used for general transportation only on Saturday and Sunday.
(2) This registration shall be valid so long as title to the antique motor vehicle is vested in the applicant, and shall not be subject to the provisions of this chapter requiring annual registration.
(3) Any person violating this section, or operating an antique motor vehicle for general transportation purposes on a day other than Saturday or Sunday, shall forfeit the antique motor vehicle registration, shall be liable for the regular registration fee for that vehicle, and shall be barred from applying for or holding antique motor vehicle registration for five (5) years from the date of the violation.
(4) The owner or lessee of an antique motor vehicle may display the license plates from an era when the manufacture of such vehicle occurred instead of the current license plates; provided, that current license plates are maintained in the vehicle by the owner or lessee and produced for inspection upon the request of any law enforcement officer.
(5) The department shall permit owners of antique motor vehicles to register an official license plate issued by the state from an era when the manufacture of the vehicle occurred instead of registering for new license plates in accordance with part 2 of this chapter. The vintage license plate shall be displayed on the motor vehicle in accordance with this chapter.
(c) (1) This section shall not apply to trailers:
(A) Owned by farmers and used for agricultural purposes or hauling livestock between farm and market;
(B) Used for the transportation of boats or drawn by an automobile or truck, unless the owner desires to be registered;
(C) Used in the furtherance of a business; or
(D) That are truck trailers registered under § 55-4-113.
(2) This section shall apply to house trailers and rented trailers as defined in this section and to any personal trailer, including a trailer used for the transportation of boats or other trailer or semitrailer drawn by an automobile, that is not required to be registered but that the owner desires to be registered.
(d) Each person engaged in the business of renting trailers of any description to others for a consideration may register each trailer, for a period of ten (10) years, and annually pay the registration fee; provided, that every owner of automobile utility trailers engaged in the business of leasing such trailers in interstate as well as intrastate commerce shall register with the commissioner that the person is so engaged in the business of leasing such trailers in interstate as well as intrastate commerce, and shall furnish proof to the commissioner that the person has registered in the state, a number of trailers equal to the average number of automobile utility trailers operated by this person during the preceding licensing year in and through this state. Thereafter, all such trailers properly identified as belonging to the registered person and licensed in any state, territory, province, country or the District of Columbia shall be permitted to operate in this state on an interstate and intrastate basis. For the purpose of interstate and intrastate reciprocal provisions of this chapter, the utility trailers shall be classified the same as private passenger automobiles and extended the same privileges. The burden of submitting verifiable data as to the average number of trailers operating during the preceding licensing year in and throughout this state shall be on the trailer owner. The commissioner's determination in and through the state during the preceding licensing year shall be final.
(e) Only one (1) registration plate shall be issued for trailers.
(f) For the purposes of this section, “mobile home” or “house trailer” is a trailer or semitrailer which is designed, constructed and equipped as a dwelling place, living abode or sleeping place, either permanently or temporarily, and is equipped for use as a conveyance on streets and highways, or whose chassis and exterior shell are designed and constructed for use as a house trailer, but which is used instead for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose except the transportation of property for hire or for distribution by a private carrier.
[Acts 1951, ch. 70, § 83 (Williams, § 5538.183); Acts 1953, ch. 167, § 17; 1955, ch. 10, § 1; 1955, ch. 52, §§ 6, 7; 1957, ch. 250, § 1; 1957, ch. 388, § 1; 1961, ch. 336, § 1; 1963, ch. 143, § 7; 1963, ch. 145, §§ 1, 3; 1965, ch. 48, § 1; 1965, ch. 269, § 1; 1965, ch. 283, § 1; 1967, ch. 218, § 1; 1973, ch. 234, § 4; 1974, ch. 735, § 1; 1978, ch. 786, § 1; T.C.A. (orig. ed.), § 59-421; Acts 1984, ch. 966, § 10; 1985, ch. 283, § 2; 1985, ch. 402, § 6; 1985, ch. 461, § 1; 1986, ch. 804, § 8; 1987, ch. 446, § 8; 1988, ch. 816, § 1; 1991, ch. 13, § 1; 1994, ch. 603, § 1; 1994, ch. 662, § 1; 1995, ch. 282, § 1; 1999, ch. 98, §§ 1, 2; 2001, ch. 4, § 1; 2002, ch. 620, § 1; 2002, ch. 747, § 4; 2002, ch. 856, § 8a; 2006, ch. 910, §§ 1, 2; 2007, ch. 142, §§ 1, 2; 2007, ch. 601, § 1; 2008, ch. 959, § 3.]
55-4-118. Transfer of registered vehicle by owner — Death of owner. —
(a) Whenever the owner of a registered vehicle transfers or assigns the owner's title or interest to the vehicle, the registration of the vehicle shall expire.
(b) The owner shall remove the registration plate or plates from the vehicle and may have the plates assigned to another vehicle, as provided in § 55-4-101, except upon the death of the owner of a registered vehicle, the registration shall remain in effect until the end of the license year unless the ownership passes or is transferred to a person other than the surviving spouse before the end of that year.
[Acts 1951, ch. 70, § 47 (Williams, § 5538.147); Acts 1953, ch. 167, § 8; 1955, ch. 52, § 12; 1963, ch. 328, § 1; T.C.A. (orig. ed.), § 59-433.]
55-4-131. Notice of change of address. —
(a) Whenever any person, after applying for or receiving a title or registration, moves from the address named in the application or title or registration, or when the name of an applicant is changed for any reason, the person shall within ten (10) days thereafter, notify the department of the change or changes.
(b) A violation of this section is a Class C misdemeanor.
[Acts 1999, ch. 98, § 14.]
Knoxville Ordinances
Sec. 17-205. Driver's license or learner's permit required; registration required.No person shall operate a motor vehicle on the public streets of the city or property owned by or leased to the city's community development corporation unless said vehicle is registered in compliance with the laws of the state of residence of the owner of said vehicle, and proof of said registration is in the possession of the operator of said vehicle, and a license plate or other identification is displayed on said vehicle in accordance with Title 55, Part 4 of the Tennessee Code.
Sec. 17-209. Attachment of plates.
(a) No person shall operate a motor vehicle on the public streets of the city or property owned by or leased to Knoxville's Community Development Corporation unless such vehicle is equipped with a registration plate in accordance with Title 55, Part 4 of the Tennessee Code. Every registration plate shall be positioned as set forth in Tenn. Code Ann. § 55-4-110 and shall at all times be securely fastened in a horizontal position to the vehicle for which it is issued so to prevent the plate from swinging and at a height of not less than twelve (12) inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible.
(b) It shall be unlawful for any person to operate any vehicle with any cover, lens or tinting material of any type over a registration plate, or to use any substance that has the effect of altering the reflectivity of a registration plate, even if the information upon such license plate is not concealed. Frames without covers or lenses may be used on registration plates only if the frames do not obscure identifying letters or numbers or any renewal or other sticker required by law to be displayed on the plate and the plates can be plainly seen and read at all times.
(Ord. No. O-37-05, § 1, 2-1-05)
Knox County Charter
ARTICLE I. IN GENERAL
Sec. 58-1. Motor vehicle registration fee.
(a) For the privilege of using the public roads and highways in the county, there is levied upon motor-driven vehicles, and upon the privilege of the operation thereof, except motor-driven bicycles and scooters, farm tractors, self-propelled farm machines not usually used for operation upon public highways or roads, and motor-driven vehicles owned by any governmental agency or governmental instrumentality and except for other exemptions provided by general law, a special privilege tax for the benefit of such county, which tax shall be in the amount of $36.00 for each such motor-driven vehicle, the owner of which resides within said county.
This tax applies to, is a levy upon, and shall be paid on each motor-driven vehicle, the owner of which resides within said county.
Owners of vehicles subject to the registration tax under this section, who have reached the age of 65 years or older on or before the date that the vehicle registration is due, and who's annual income from all sources is equal to or less than $12,500.00 per year for the 2003 tax year, shall be exempt from payment of the first $30.00 of the tax imposed by this section. Thereafter, such annual income limit shall be adjusted to reflect the cost of living adjustment for social security recipients as determined by the social security administration and shall be rounded to the nearest $10.00. The income attributable to the applicant for tax relief shall be the income of all owners of the vehicle. Any portion of social security income, social security equivalent railroad retirement benefits, and veterans entitlements required to be paid to a nursing home for nursing home care by federal regulations shall not be considered income to an owner who relocates to a nursing home.
Owners of vehicles subject to the registration tax under this section, who have been certified as totally disabled by the Social Security Administration or the U.S. Veteran's Administration, and whose annual income from all sources is equal to or less $12,500.00 per year for the 2003 tax year, shall be exempt from payment of the first $30.00 of the tax imposed by this section. Thereafter, such annual income limit shall be adjusted to reflect the cost of living adjustment for social security recipients as determined by the social security administration and shall be rounded to the nearest $10.00. The income attributable to the applicant for tax relief shall be the income of all owners of the vehicle. Any portion of social security disability income and/or veteran's entitlements required to be paid to a nursing home for nursing home care by federal regulations shall not be considered income to an owner who relocates to a nursing home.
School buses under contract with the county board of education shall be exempt from the vehicle registration tax provided under this section.
Residents of the county who hold a valid and outstanding certificate of registration for a noncommercial vehicle shall apply for its renewal through the office of the clerk of the county. Any county resident who registers a non-commercial vehicle in any county other than the county shall be subject to a fine of $50.00, plus court costs. Registration of commercial vehicles shall be consistent with state law, and improper registration to avoid payment of the county vehicle registration tax shall subject the owner of such vehicle upon conviction to the payment of a fine of $50.00.
(b) The tax herein levied shall be paid to and collected by the county clerk, who is authorized by T.C.A. § 67-4-103, to collect such privilege taxes. The county clerk shall collect this tax at the same time he or she collects the state privilege tax levied upon the operation of a motor-driven vehicle over the public highways of this state. The county clerk shall deduct a fee of five percent as authorized in T.C.A. § 8-21-701(55), from the amount of taxes collected and paid over to the county trustee.
(c) Payment of the privilege tax imposed hereunder shall be evidenced by a receipt, issued in duplicate by the county clerk, the original of which shall be kept by the owner of the motor-driven vehicle.
(d) The privilege tax or wheel tax herein levied, when paid together with full, complete, and explicit performance of and compliance with all provisions of this resolution, by the owner, shall entitle the owner of the motor-driven vehicle for which said tax was paid to operate or allow to be operated such vehicle over the streets, roads, and highways of the county for a period of one year which will run concurrently with the period establishment for the state registration fees by T.C.A. § 55-4-104.
In the event the wheel tax is paid to the clerk for a period of more or less than a calendar year, the tax imposed shall be proportionate to the annual tax fixed for the vehicle and modified in no other manner, except that the proportional tax shall be rounded off to the nearest quarter of a dollar.
(e) In the event any motor-driven vehicle for which the wheel tax has been paid becomes unusable or is destroyed or damaged to the extent that it can no longer be operated over the public roads, streets or highways of said county; or in the event that the owner transfers the title to such vehicle, and the owner makes proper application to the clerk for the issuance of a duplicate receipt to be used by such owner on another vehicle for the unexpired term for which the original receipt was issued, and the clerk is satisfied that the applicant is entitled to the issuance of such a duplicated receipt and the owner pays into the hands of the clerk the sum of $36.00, the clerk will then issue to such owner a duplicate receipt, canceling the original receipt delivered to the clerk by the owner, and such duplicate receipt shall entitle the owner to operate or allow to be operated the vehicle upon the streets, roads and highways of said county for the remainder of the period for which the original receipt was issued. Likewise, in the event a receipt becomes defaced or is destroyed and is therefore illegible and unusable by the owner, upon proper application made by the owner and filed with the clerk, showing such circumstances and facts to be true, then the clerk, upon receipt from the owner of $36.00 may issue and deliver to the owner, a duplicate receipt.
(f) This resolution shall have no effect unless it is approved by a two-thirds vote of the county legislative body at two consecutive regularly scheduled meetings.
(g) For the purpose of approving or rejecting the provisions of this section, it shall be effective upon being approved by a two-thirds vote of the county legislative body at two consecutive regular meetings. For the purpose of collection of the tax herein levied such collection shall begin on the first day of July, 2003, unless this section is subject to a referendum election pursuant to T.C.A. § 5-8-102, whereupon the collection of the tax herein levied shall begin on the first day of the month following the month that this section is approved at a referendum.
(Ord. No. O-03-5-101, §§ 1--7, 6-23-03; Ord. No. O-04-5-101(A), §§ 1--6, 6-28-04)
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