Tennessee § 55-3-201 - Part definitions.

§ 55-3-201. Part definitions.

As used in this part, unless the context otherwise requires: “Automotive dismantler and recycler” means a person who engages in the business of acquiring salvage vehicles for the purpose of recovering parts for resale; “Flood vehicle” means any passenger motor vehicle which has sustained substantial water damage as determined by departmental rules and regulations. Disclosure that a passenger motor vehicle has become a flood vehicle shall be made at the time of transfer of ownership, and the next certificate of title issued after the transfer shall be conspicuously labeled with the word “Flood” across the front; “Methamphetamine vehicle” means any motor vehicle subject to registration and certificate of title provisions that has been impounded by a law enforcement agency based on a charge of manufacture of methamphetamine on or within the vehicle and determined to be contaminated pursuant to the standards developed pursuant to title 68, chapter 212, part 5, and for which the department has received a notice of motor vehicle impoundment for manufacture of methamphetamine pursuant to § 55-3-210. Disclosure that a motor vehicle has become a methamphetamine vehicle shall be made upon the department's receipt of such notice by issuance of a new certificate of title conspicuously labeled with the language “Methamphetamine Vehicle” across the front. Upon any subsequent transfer of ownership, the next certificate of title issued after the transfer shall be conspicuously labeled with the language “Methamphetamine Vehicle” across the front; “Nonrepairable vehicle” means any passenger motor vehicle which is incapable of safe operation for use on roads or highways and which has no resale value except as a source of parts or scrap only or which the owner irreversibly designates as a source of parts or scrap. “Nonrepairable vehicle” includes, but is not limited to, any passenger motor vehicle which has sustained salt water damage as a result of salt water entering the passenger compartment. A nonrepairable vehicle shall be issued a nonrepairable vehicle certificate and shall never again be titled or registered; “Nonrepairable vehicle certificate” means a passenger motor vehicle ownership document issued by the state to the owner of a nonrepairable vehicle. Ownership of the passenger motor vehicle may only be transferred two (2) times on a nonrepairable vehicle certificate. A passenger motor vehicle for which a nonrepairable vehicle certificate has been issued can never be titled or registered for use on roads or highways. A nonrepairable vehicle certificate shall be conspicuously labeled with the word “Nonrepairable” across the front; “Passenger motor vehicle” means any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads and highways that is ten (10) model years old or less, including a multipurpose passenger vehicle or light duty truck when that vehicle or truck is rated at not more than nine thousand pounds (9,000 lbs.) gross vehicle weight; “passenger motor vehicle” also includes a motorcycle, as defined in § 55-1-103; “Rebuilt title” means the passenger motor vehicle ownership document issued by the state to the owner of a rebuilt vehicle. Ownership of the passenger motor vehicle may be transferred on a rebuilt title, and a passenger motor vehicle for which a rebuilt title has been issued may be registered for use on the roads and highways. A rebuilt title shall be conspicuously labeled with the words “Rebuilt Vehicle — Anti-theft Inspections Passed” across the front; “Rebuilt vehicle” means any passenger motor vehicle which was previously issued a salvage title; has passed state anti-theft inspections; was issued an affidavit pursuant to § 55-3-206 that the passenger motor vehicle was rebuilt to required standards; has been issued a certificate indicating that the passenger motor vehicle has passed the required anti-theft inspections; and has a decal stating “Rebuilt Vehicle — Anti-theft Inspections Passed” affixed to the driver's door jamb; “Salvage pool operator” means a person who engages in the business of selling salvage vehicles at auction, including wholesale auction, or otherwise; “Salvage title” means a passenger motor vehicle ownership document issued by the state to the owner of a salvage vehicle. Ownership of the passenger motor vehicle may be transferred on a salvage title; however, a passenger motor vehicle for which a salvage title has been issued shall not be registered for use on the roads or highways unless it has been issued a rebuilt title. A salvage title shall be conspicuously labeled with the word “Salvage” across the front; “Salvage vehicle” means any passenger motor vehicle which has been wrecked, destroyed, or damaged to the extent that the total estimated or actual cost of parts and labor to rebuild or reconstruct the passenger motor vehicle to its pre-accident condition and for legal operation on the roads or highways exceeds seventy-five percent (75%) of the retail value of the passenger motor vehicle, as set forth in a current edition of any nationally recognized compilation (to include automated databases) of retail values; The value of repair parts for purposes of this subdivision (11) shall be determined by using the current published retail cost of the repair parts to be used in the repair, or in the absence of a published retail cost the reasonable and customary cost in the community where repair parts are purchased; The labor cost of repairs for purposes of this subdivision (11) shall be computed by using the hourly labor rate and time allocations that are reasonable and customary in the automobile repair industry in the community where the repairs are performed; “Salvage vehicle” also includes, without regard to whether such passenger motor vehicle meets the seventy-five percent (75%) threshold specified in the first sentence, any passenger motor vehicle whose owner may wish to designate as a salvage vehicle by obtaining a salvage title, without regard to the extent of the passenger motor vehicle's damage and repairs. This designation by the owner shall not impose on the insurer of the passenger motor vehicle or on an insurer processing a claim made by or on behalf of the owner of the passenger motor vehicle any obligations or liabilities; and “Scrap metal processor” means any person who is engaged in the business of buying nonrepairable vehicles, automotive parts, or other metallic material by weight to process this material into scrap metal for remelting purposes; which utilizes machinery and equipment for processing ferrous and nonferrous metallic scrap into prepared grades; and whose principal product is metallic scrap. Acts 1996, ch. 552, § 3; 1996, ch. 839, § 3; 2007, ch. 484, § 32; 2011, ch. 397, §§ 1, 2; 2016, ch. 691, § 1; T.C.A. § 55-3-211 ; Acts 2020, ch. 675, § 2. Compiler's Notes. Former title 55, chapter 3, part 2, T.C.A. §§ 55-3-201 — 55-3-213 , was reorganized in 2017. See the following parallel reference table for the former and new locations. Former Sections New Sections 55-3-201 55-3-202 55-3-202 55-3-203 55-3-203 55-3-204 55-3-204 — 55-3-206 [Reserved] [Deleted] 55-3-207 55-3-205 55-3-208 55-3-206 55-3-209 55-3-207 55-3-210 55-3-208 55-3-211 55-3-201 55-3-212 55-3-209 55-3-213 55-3-210 This section was renumbered from § 55-3-211 to § 55-3-201 as part of the reorganization of the part by authority of the Code Commission in 2017. Acts 1996, ch. 552, which enacted this section and § 55-3-209 and amended other sections in this title, may be cited as the “Motor Vehicle Anti-Theft, Title Reform and Consumer Protection Act of 1996.” Acts 1996, ch. 839, § 4 provides “It is the legislative intent of the General Assembly that Chapter 552 of the Public Acts of 1996 shall be applied prospectively and that the provisions of such chapter shall not be construed to create any new causes of action for acts that were in compliance with the prior provisions of law.” The act contained no effective date for § 4, and that section is deemed to have taken effect May 10, 1996. Acts 2011, ch. 397, § 4 provided that the commissioner of revenue is authorized to promulgate rules to effectuate the purposes of the act, including, but not limited to, rules to provide a motor vehicle owner an opportunity for a hearing on the issue of whether the certificate of title for such vehicle should be labeled, or should continue to be labeled, as a methamphetamine vehicle. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2011, ch. 397, § 5 provided that the act, which amended the introductory language and added the definition of “methamphetamine vehicle”, shall apply to all applicable offenses committed on or after July 1, 2011. Acts 2016, ch. 691, § 2 provided that the act, which amended the definition of “Passenger motor vehicle”, shall apply to applicable titles issued on or after March 24, 2016. Amendments. The 2020 amendment added the definitions of “automotive dismantler and recycler” and “salvage pool operator”. Effective Dates. Acts 2020, ch. 675, § 3. October 1, 2020; provided that for purposes of promulgating rules, the act took effect June 15, 2020.