Tennessee § 55-4-105 - Renewal certificates and registration plates — Application — Mail order service — Issuance — Replacement of lost registrations — Locations for obtaining renewal.

§ 55-4-105. Renewal certificates and registration plates — Application — Mail order service — Issuance — Replacement of lost registrations — Locations for obtaining renewal.

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. 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. Any applicant who applies for registration who was a resident of the county in the previous year or years and was liable for and failed to pay the applicable wheel tax shall, for such year or years, be liable for and pay all prior years' wheel taxes prior to being issued such registration. This subdivision (a)(3)(A) shall not apply to licensed motor vehicle dealers, financial institutions or businesses and applicants engaged in the rental of motor vehicles, trucks and trailers for periods of thirty-one (31) days or less. This subdivision (a)(3) shall only apply in any county having a population of not less than one hundred eighty-two thousand (182,000) nor more than one hundred eighty-two thousand one hundred (182,100), according to the 2000 federal census or any subsequent federal census. 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. 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; provided, that the amount of such fee for the service of handling mail orders of plates is three dollars ($3.00) between July 1, 2014, and June 30, 2019, and four dollars ($4.00) on or after July 1, 2019. 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. 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. 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. A violation of subdivision (e)(1) for the renewal of a motor vehicle license in certain locations is a Class C misdemeanor. 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. 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)(B), a fine of not less than five dollars ($5.00) nor more than ten dollars ($10.00). 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. If a person makes an application for a renewal certificate of registration or registration plate pursuant to this section and at the time of application owes any motor vehicle registration fee to the office of the county clerk, then the clerk may deny the application until the person makes full payment on such fee amount. In addition to the fee amount described in subdivision (g)(1), the clerk may charge the person a clerk's fee, which shall be equal to ten percent (10%) of the fee amount described in subdivision (g)(1); provided, that eighty percent (80%) of such clerk's fee may be retained by the county and the remaining twenty percent (20%) of such clerk's fee shall be forwarded by the clerk to the department. 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; 2010, ch. 1083, § 1; 2013, ch. 376, § 1; 2014, ch. 1005, § 1; 2019, ch. 449, § 1. Compiler's Notes. For the Preamble of the act regarding special license plates, please refer to Acts 2008, ch. 1165. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Cross-References. Collection of wheel tax fees by county clerk, § 7-51-703 . Penalties for Class B and C misdemeanors, § 40-35-111 . Penalty for violation of title 55, chs. 1-6, § 55-5-120 . Attorney General Opinions. The imposition of the clerk’s fee authorized by T.C.A. § 55-4-105(g)(2) is not mandatory but in the county clerk’s discretion. Because the fee only applies when the certificate or registration or plate is being renewed, it does not apply to a late initial registration of the vehicle. The fee does not apply to any liability for a tax or fee other than a motor vehicle registration fee. OAG 13-94, 2013 Tenn. AG LEXIS 97 (11/27/13). Authority of City to Require Vehicles Registered in Other Counties to Pass Emissions Tests. OAG 15-38, 2015 Tenn. AG LEXIS 39 (4/22/15).