55-12-126 - Minimum duration of proof requirement Suspension of license or registration for premature cancellation or termination of proof Hearing Restoration of license or registration. - Tennessee Statutes

55-12-126. Minimum duration of proof requirement Suspension of license or registration for premature cancellation or termination of proof Hearing Restoration of license or registration.

(a)  Except for suspensions under § 55-12-115, and the proof required prior to the issuance of a restricted license as provided in § 55-12-114, where a person is required to give proof of financial responsibility, the proof shall be maintained for a period of three (3) years by that person. If a person elects to use a policy of insurance and financial responsibility insurance certificate as proof of financial responsibility under this section, the effective date as appears on the financial responsibility certificate shall be the date upon which financial responsibility has been proven, and financial responsibility shall be maintained for a period of three (3) years.

(b)  If a policy of insurance or a bond required under this section and issued to any person is cancelled or terminated, the commissioner of safety shall suspend the license of that person and shall request that the commissioner of revenue suspend that person's motor vehicle registration, unless the person has filed proof of another policy or bond meeting the requirements of this chapter, and the license of that person shall immediately be surrendered to the commissioner of safety and that person's motor vehicle registration shall immediately be surrendered to the commissioner of revenue. Any notice of suspension issued under this section shall be sent by United States mail to the last known address of the person not less than twenty (20) days prior to the effective date of suspension, and shall state that the operator, owner, or both, are entitled to an administrative hearing before the commissioner of safety or the commissioner's delegate conducted pursuant to a request under § 55-12-103(a). Any request for an administrative hearing must be submitted in writing on or before the final date of suspension.

(c)  Any person whose license or registration, or both, have been suspended for failure to maintain evidence of financial responsibility shall, upon reapplying for an operator's license, refile and maintain with the commissioner evidence of financial responsibility, pay a sixty-five dollar ($65.00) restoration fee and pass the driver license examination. If the commissioner of safety, pursuant to this subsection (c), reinstates a person's operator's license that has been suspended under the authority of this section, then the commissioner of safety shall request that the commissioner of revenue reinstate that person's motor vehicle registration revoked under authority of this section and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registration shall be reinstated immediately.

(d)  At any time after five (5) years from the date of revocation, the department of safety may, in its own discretion or upon request of the person required to furnish proof of financial responsibility, release the requirement of that proof, if the records of the department of safety establish that the person, during the preceding five-year period, has not been convicted of any offense authorizing or requiring the suspension or revocation of a license or registration by the department of safety or by the department of revenue and has not suffered suspension, revocation, prohibition, or cancellation of license or registration upon order of the department or a court arising from a conviction of a violation of the law. If the department of safety, pursuant to this subsection (d), releases the requirement that a person furnish proof of financial responsibility, and if that person's motor vehicle registration has been suspended or revoked due to failure to furnish that proof, then the commissioner of safety shall request that the commissioner of revenue reinstate the motor vehicle owner's registration and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registration shall be reinstated immediately. Notwithstanding any other law to the contrary, this subsection (d) shall not apply if there is an unsatisfied judgment based on a motor vehicle accident.

[Acts 1977, ch. 446, § 26; 1978, ch. 645, § 2; T.C.A., § 59-1276; Acts 1980, ch. 817, § 6; 1980, ch. 868, § 2; 1986, ch. 842, §§ 27, 28; 2007, ch. 484, § 88.]