Tennessee § 55-16-112 - Written authorization required for towing or storage of motor vehicle.

§ 55-16-112. Written authorization required for towing or storage of motor vehicle.

Notwithstanding any other provision of this part or of title 66, chapter 19, part 1, in order for a garagekeeper or a towing firm to tow or to store a vehicle the garagekeeper or towing firm shall obtain an express written authorization for towing and storage of each vehicle from a law enforcement officer with appropriate jurisdiction, or from the owner of the vehicle, or from the owner, or the authorized agent of the owner, of the private property from which the vehicle is to be towed. The authorization shall include all of the information required by § 66-19-103(d). In addition to any other penalty provided by this part or by title 66, chapter 19, part 1, a violation of this section is a Class C misdemeanor. This section and § 66-19-103(a) do not apply to new or used motor vehicle dealers licensed under chapter 17 of this title. Acts 1998, ch. 1027, §§ 4, 5; 2007, ch. 479, § 1. Cross-References. Penalty for Class C misdemeanor, § 40-35-111 . Attorney General Opinions. The statute does not allow an owner of private property to give a blanket authorization to tow or to store vehicles; rather, it requires an individualized express written authorization for each vehicle to be towed or stored, OAG 00-144, 2000 Tenn. AG LEXIS 146 (9/19/00). A property manager, similarly situated person, or lessee cannot confer the requisite authorization to tow or to store a vehicle pursuant to the statute, OAG 00-144, 2000 Tenn. AG LEXIS 146 (9/19/00). Application of T.C.A. § 55-16-112 to illegally parked vehicles, OAG 07-111, 2007 Tenn. AG LEXIS 111 (7/20/07). A tow truck driver does not violate T.C.A. § 55-16-112(a) if he hooks a vehicle to his tow truck after an appropriate person identifies the vehicle to be towed, but before the written authorization required by the statute is completely filled out, as long as the tow truck driver does not draw or pull the vehicle from its original location until the written authorization has been completed. OAG 10-04, 2010 Tenn. AG LEXIS 4 (1/19/10).