RESOLUTION NO. RS2003-63

A resolution requesting the Tennessee Department of Safety to review its process of issuing temporary license tags and requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the appropriate legislation to provide further restrictions on the issuance of more than one “temporary tag” for the operation of a motor vehicle without just cause.

WHEREAS, Tennessee Code Annotated § 55-4-101(e) provides that the Department of Safety, in its discretion, may grant a temporary permit to operate a motor vehicle for which application for registration has been made; and

WHEREAS, Tennessee Code Annotated § 55-4-115(a)(2) provides in part that "[a] temporary operation permit shall not be renewed or another permit issued to cover the operation of the same motor vehicle except under the written authorization of the commissioner”, and that the commissioner is authorized to refuse the issuance of a temporary operation permit when it appears that any owner of a motor vehicle is using such permit as a subterfuge to avoid registering such motor vehicle; and

WHEREAS, Chapter 1340-5-10 of the Rules of the Department of Safety, Motor Vehicle Division, provide that authorized dealers may issue temporary tags only to bona fide purchasers of vehicles sold by the dealer, and that a third temporary tag may not be issued to a person for the same vehicle except upon authorization from the Commissioner; and

WHEREAS, the Department of Safety Rules further provide that every dealer who issues temporary tags shall maintain a record of each issue, shall keep such records for at least a 15 month period, and shall provide full and free access to such records to peace officers and authorized representatives of the Department of Safety; and

WHEREAS, there is an increasing problem in Nashville and Davidson County regarding the issuance of temporary tags on a repeated basis to individuals without a reasonable justification for a temporary tag; and

WHEREAS, it is fitting and proper that additional restrictions or regulations be implemented at the State level to monitor the issuance of temporary tags to ensure that automobile dealers are not issuing more than one temporary tag for a vehicle without just cause.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Tennessee Department of Safety to review its rules and procedures related to the issuance of temporary license tags and encourages the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the appropriate legislation to provide further restrictions on the issuance of more than one “temporary tag” for the operation of a motor vehicle without just cause.

Section 2. That the Metropolitan Clerk is requested to send a certified copy of this Resolution to the Commissioner of the Tennessee Department of Safety and to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Erik Cole, Mike Jameson