Traffic Safety

Plain English Breakdown

The official source does not provide specific details on the number of vehicles that will be affected or the impact on public safety.

Traffic Safety: Drag Racing Rules

This bill allows police to seize and impound cars used in drag racing for up to three days if they have probable cause to believe a car was involved in illegal drag racing.

What This Bill Does

• Allows law enforcement officers to take away and hold vehicles that were likely used in drag racing for up to 72 hours based on probable cause.
• Requires the police to tell the vehicle owner or lienholder why their car is being held within three days of impoundment.
• Gives owners a chance to ask for an administrative hearing or court review if they think their car was wrongly taken.
• If there's no proof that the car was used in drag racing, the car must be returned free of charge and any fees paid by the owner are refunded.

Who It Names or Affects

• People who own cars suspected of being used in illegal drag racing.
• Law enforcement officers who deal with traffic violations and public safety issues.

Terms To Know

Drag Racing

A type of car race where vehicles compete to see which one can accelerate the fastest over a short distance.

Seizure

When something is taken by authority, like when police take away a vehicle suspected of being used in illegal activities.

Limits and Unknowns

• The bill does not change the existing laws about seizing and forfeiting vehicles after someone is convicted of drag racing.
• It's unclear how many cars will be affected by this new rule or what impact it will have on public safety.

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.

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

This bill authorizes
a POST-certified or state-commissioned law enforcement officer with probable cause to believe that a motor vehicle has been used in drag racing
to
seize and impound the motor vehicle pending further administrative or judicial review.
However, such an impoundment
is limited to a maximum o
f
72 hours, during which the impounding authority must notify the vehicle's owner or any known lienholder in writing. The notice must include the reasons for impoundment, and the owner has the right t
o request an administrative hearing, if applicable, or to petition the general sessions court for a judicial hearing.

This bill provides that if
an administrative hearing or hearing before the general sessions court is requested or petitioned
,
then the hearing must be held within
five
business days of the request or petition, whereupon the owner may contest the seizure. If probable cause is not substantiated, then any impoundment fees paid by the owner must be reimbursed or the vehicle must be immediately released to the owner at no
cost if the vehicle is still impounded at the time of the hearing.

This bill clarifies that it
does not affect or supersede state seizure and forfeiture under
present law.
A vehicle subject to impoundment may still be seized and forfeited upon conviction.

Current Bill Text

HOUSE BILL 1689
By Freeman

SENATE BILL 1913
By Taylor
SB1913
009356
- 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), a
POST-certified or state-commissioned law enforcement officer with probable cause to
believe that a motor vehicle has been used in drag racing may seize and impound the
motor vehicle pending further administrative or judicial review.
(2) Impoundment of a vehicle described in subdivision (d)(1) is limited to a
maximum of seventy-two (72) hours, during which the impounding authority must notify
the vehicle's owner or any known lienholder in writing. The notice must include the
reasons for impoundment, and the owner has the right to request an administrative
hearing, if applicable, or to petition the general sessions court for a judicial hearing.
(3) If an administrative hearing or hearing before the general sessions court is
requested or petitioned pursuant to subdivision (d)(2), then the hearing must be held
within five (5) business days of the request or petition, whereupon the owner may
contest the seizure. If probable cause is not substantiated, then any impoundment fees
paid by the owner must be reimbursed or the vehicle must be immediately released to
the owner at no cost if the vehicle is still impounded at the time of the hearing.

- 2 - 009356

(4) This subsection (d) does not affect or supersede state seizure and forfeiture
under subsection (c) and title 40, chapter 33, part 1. A vehicle subject to impoundment
may still be seized and forfeited upon conviction.
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 July 1, 2026, the public welfare requiring it.