55-50-726 - Nonresidents Citation Collateral or bond Surrender of nonresident's license Temporary driving permit. - Tennessee Statutes

55-50-726. Nonresidents Citation Collateral or bond Surrender of nonresident's license Temporary driving permit.

(a)  Notwithstanding any other law to the contrary, a Tennessee highway patrol officer observing a violation of a traffic law, ordinance, rule or regulation by a nonresident shall issue a citation as appropriate and shall require the nonresident to post collateral or bond to secure appearance for trial. In the event that a nonresident fails to post collateral or bond, the nonresident shall surrender any chauffeur's or operator's license to the highway patrol, after which the highway patrol officer shall issue to the offending nonresident a temporary driving permit.

(b)  (1)  The  temporary driving permit will entitle the nonresident holder thereof to lawfully drive on the roads and highways of this state or any other state:

          (A)  Until the time the traffic violation is appropriately adjudicated in a court of law of proper jurisdiction;

          (B)  For thirty (30) days after the adjudication, during which time the court or the department shall be able to determine whether or not the nonresident will comply with the decree of the court; and

     (2)  The temporary driving permit shall state on its face the period of its validity which shall be not less than the period of time covered by subdivisions (b)(1)(A) and (B).

(c)  (1)  In the event that the court determines that the nonresident violator is guilty of the offenses charged, the surrendered license shall only be returned when the nonresident appropriately complies with the decree of the court.

     (2)  In the event that the court determines that the nonresident is not guilty of the offenses charged, the surrendered license shall immediately be returned to the nonresident.

(d)  Upon the failure of any nonresident to comply with the issued citation, the highway patrol officer shall otherwise comply with § 55-50-703(b) and (c), except for the personal recognizances requirements, and other applicable Tennessee law.

(e)  The procedures for surrendering the nonresident license, issuing a receipt for the license and the forwarding of the license to the department shall be, to the extent possible, the same as the procedures set forth in part 8 of this chapter, relative to deposit of a license in lieu of bail, as shall be determined to be practicable.

(f)  In order to effectuate this section, the department is authorized to promulgate necessary rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(g)  The department is directed to suitably fashion a temporary driving permit that may be issued to certain nonresident drivers as provided for in this section.

[Acts 1983, ch. 366, §§ 1, 2; 1986, ch. 686, § 1; T.C.A., §§ 55-7-326, 55-7-726.]