RESOLUTION NO. RS2005-676

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly to enact the necessary legislation to require that notification be given to operators of motor vehicles involved in an accident regarding the report that must be submitted to the Commissioner of Safety pursuant to the state financial responsibility law, and to allow such persons ninety (90) days from the date of the accident to submit such report.

WHEREAS, T.C.A. §55-12-104 provides that the operator of a motor vehicle involved in a motor vehicle accident causing death, injury, or property damage in excess of $400.00 must report the matter in writing to the Commissioner of Safety for the purposes of determining whether the requirements for the deposit of security under the provisions of the financial responsibility laws are inapplicable; and

WHEREAS, T.C.A. §55-12-104 further provides that the failure of the motor vehicle operator to submit such a report to the Commissioner of Safety within twenty (20) days after the occurrence of the accident may result in the suspension of the operators driver license and vehicle registration; and

WHEREAS, motorists involved in accidents are often not advised at the time of the accident of this reporting requirement, and may only become aware of such requirement if they request a copy of the accident report prepared by the police department; and

WHEREAS, it is fitting and proper that the state financial responsibility laws be amended to provide some form of notification mechanism to motorists involved in an accident of the reporting requirement in T.C.A. §55-12-104, and that such motorists be allowed ninety (90) days, rather than twenty (20) days, in which to submit the accident report.

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 Davidson County Delegation to the Tennessee General Assembly to enact the necessary legislation to require that notification be given to operators of motor vehicles involved in an accident regarding the report that must be submitted to the Commissioner of Safety pursuant to the state financial responsibility law, and to allow such persons ninety (90) days from the date of the accident to submit such report.

Section 2. That the Metropolitan Clerk is directed to send a copy of this Resolution by United States mail, interdepartmental mail, or electronic mail to each member of the Davidson County Delegation to the General Assembly.

Section 3. 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: Tommy Bradley

LEGISLATIVE HISTORY

Referred: Public Safety Committee 
Introduced: January 18, 2005
Adopted: January 18, 2005 
Returned Unsigned
by Mayor:

January 19, 2005