54-16-113 - Removal of vehicles, spilled cargo or other personal property. - Tennessee Statutes

54-16-113. Removal of vehicles, spilled cargo or other personal property.

(a)  The department of safety, department of transportation, or local law enforcement agency may immediately remove or cause to be removed any wrecked, abandoned, unattended, burned or partially dismantled vehicle, spilled cargo or other personal property from the roadway of a controlled-access highway if the vehicle, cargo or personal property is creating an obstruction or hazard to traffic because of its position in relation to the highway, as determined by authorized officers or employees of the department or agency.

(b)  (1)  Vehicles, cargo or personal property may be removed to any place within the immediate vicinity without any further action or obligation by the department of transportation, department of safety, local law enforcement agency or others acting at the direction of such department or agency; provided, however, that in the event of a motor vehicle accident that results in apparent serious personal injury or death, no removal shall occur until a law enforcement officer determines that adequate information has been obtained for preparation of an accident report.

     (2)  When the property creating an obstruction or hazard to traffic is a motor carrier, as defined in § 65-15-102, the agency causing its removal shall make a reasonable effort to allow the owner of the vehicle to arrange for its removal and shall give due consideration to having the vehicle towed by a licensed towing service capable of safely moving the vehicle in question. The final decision on removal shall rest with the agency causing the removal.

(c)  The removal of vehicles away from the immediate vicinity by law enforcement agencies pursuant to this section shall be subject to the same procedures as set forth in title 55, chapter 16. If the department of transportation removes or orders the removal of a vehicle away from the immediate vicinity, the department shall notify the department of safety or the local law enforcement agency, and the department of transportation shall follow the same procedures as in title 55, chapter 16; provided, that the department of transportation may make arrangements with the department of safety or local law enforcement agency to act on behalf of the department of transportation in complying with title 55, chapter 16.

(d)  If the department of safety, department of transportation, or local law enforcement agency removes or orders the removal of spilled cargo or personal property away from the immediate vicinity, the department or agency shall make reasonable efforts to notify the owner, if known, and shall allow the owner at least forty-eight (48) hours to claim the cargo or personal property; however, the department or agency may immediately dispose or arrange for the disposal of any cargo, personal property or other debris that is damaged beyond use or repair.

(e)  (1)  Any liability of the department of safety or the department of transportation for damage to vehicles or cargo resulting from removal pursuant to this section shall be determined in accordance with title 9, chapter 8, part 3.

     (2)  Any liability of local law enforcement agencies for damage to vehicles or cargo resulting from removal pursuant to this section shall be determined in accordance with the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20, part 1.

(f)  The department of safety, department of transportation, or local law enforcement agency may require the owner and carrier, if any, of the vehicle, spilled cargo or other personal property removed or disposed of under the authority of this section to pay for any costs incurred in the removal and subsequent disposition of the vehicle, spilled cargo or other personal property.

[Acts 2000, ch. 806, § 1.]