Traffic Safety

Plain English Breakdown

The bill summary does not provide information on what happens if local governments do not pass these rules.

Amending Tennessee Laws on Drag Racing

This bill allows local governments to pass rules that let police seize and impound cars used in drag racing or fleeing after drag racing.

What This Bill Does

• Adds a new part to the law allowing counties and cities to make their own rules about seizing and impounding vehicles involved in drag racing.
• Requires these local rules to set a minimum time for impounding the car, not more than 120 hours, before it can be returned after paying fees.
• Includes an option for vehicle owners to contest the seizure through administrative or judicial review processes.

Who It Names or Affects

• Law enforcement officers who will seize and impound vehicles involved in drag racing.
• Vehicle owners whose cars are seized under these new rules.
• Local governments that can pass their own seizure and impoundment rules for drag racing incidents.

Terms To Know

Impound

To remove a vehicle to a garage or storage lot designated by law enforcement.

Owner

A person who legally owns or is registered as the owner of a vehicle, including their agents or representatives.

Limits and Unknowns

• The bill does not specify what happens if local governments do not pass these rules.
• It's unclear how this will affect existing laws on drag racing and vehicle seizures.

Official Summary Text

Present law provides that d
rag racing is a Class E felony, and any person who operates a motor vehicle upon the public highways of this state, or while on the premises of any shopping center, trailer park, any apartment house complex, or any other premises generally frequented by t
he public at large, or who is a participant therein, for the purpose of drag racing commits the offense of drag racing unless the premises are properly licensed for this purpose.
However, if
the violation
r
esults in the serious
bodily injury of a participant, passenger, bystander or other person,
then
drag racing
is
punished
as
vehicular assault.

Any motor vehicle used to commit the offense of drag racing or to flee after commission of the offense is, upon conviction, subject to seizure and forfeiture.

LOCAL RESOLUTION OR ORDINANCE

This bill adds that
in any county or municipality that has passed a resolution or ordinance authorizing the seizure and impoundment of a motor vehicle observed by law enforcement to have been used to commit the offense of drag racing or to flee after commission of the offens
e, a law enforcement officer may seize and cause such vehicle to be impounded
.

This bill authorizes a
county or municipality
to
pass and implement a resolution or ordinance authorizing the seizure and impoundment of a motor vehicle
as long as
that county or municipality
,
and such resolution or ordinance
,
provide
s
for the following:



A minimum number of hours, not to exceed
120
, for which the vehicle is to be impounded before it can be released to the owner upon payment of all reasonable and customary fees relating to the towing and storage of the motor vehicle
.



An administrative and judicial review process that enables the owner of the vehicle to contest the propriety of the seizure, impoundment, and associated fines and fees.

"OWNER" DEFINED

As used in this bill, an "owner"
means a person who holds the legal title of a vehicle or to whom the vehicle is registered, and includes an agent or authorized representative of a person who holds the legal title of a vehicle or to whom the vehicle is registered
.

Current Bill Text

SENATE BILL 1647
By Pody

HOUSE BILL 1459
By Clemmons
HB1459
009564
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 6;
Title 7; Title 16; Title 40 and Title 55, Chapter 10,
Part 5, relative to drag racing.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 55-10-502, is amended by adding
the following as a new subsection (d):
(1) In addition to the seizure and forfeiture provisions under subsection (c), in
any county or municipality that has passed a resolution or ordinance authorizing the
seizure and impoundment of a motor vehicle observed by law enforcement to have been
used to commit the offense of drag racing or to flee after commission of the offense of
drag racing, a law enforcement officer may seize and cause such vehicle to be
impounded in accordance with this subsection (d).
(2) A county or municipality may pass and implement a resolution or ordinance
authorizing the seizure and impoundment of a motor vehicle under this subsection (d);
provided, that the county or municipality and such resolution or ordinance must provide
for the following:
(A) A minimum number of hours, not to exceed one hundred twenty
(120), for which the vehicle is to be impounded before it can be released to the
owner upon payment of all reasonable and customary fees relating to the towing
and storage of the motor vehicle; and
(B) An administrative and judicial review process that enables the owner
of the vehicle to contest the propriety of the seizure, impoundment, and
associated fines and fees.

- 2 - 009564

(3) For purposes of this subsection (d):
(A) "Impound" means removing a vehicle to a garage or storage lot
designated or maintained by a law enforcement agency; and
(B) "Owner" means a person who holds the legal title of a vehicle or to
whom the vehicle is registered, and includes an agent or authorized
representative of such person.
SECTION 2. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.