55-7-206 - Penalty for violation of this part Injunction proceedings Disposition of fines, penalties and forfeitures. - Tennessee Statutes

55-7-206. Penalty for violation of this part Injunction proceedings Disposition of fines, penalties and forfeitures.

(a)  Each violation of §§ 55-7-201 55-7-203 and each violation of restrictions on the maximum gross weight of freight motor vehicles duly adopted and promulgated by the commissioner of transportation, under § 55-7-205, and each violation of rules and regulations duly adopted and promulgated by the commissioner of safety under that section, is a Class C misdemeanor.

(b)  Any taxpayers of the state shall have the right by injunction proceedings to enjoin any actual or threatened use of any highway prohibited by the sections referenced in subsection (a).

(c)  (1)  All fines, penalties and forfeitures of bonds imposed or collected under this section shall be paid over within fifteen (15) days following the last day of the month in which the fines, penalties, and forfeitures of bonds were received to the department of safety with a statement accompanying the same, setting forth the action or proceedings in which moneys were collected, the name and residence of the defendant, the nature of the offense, and fine, penalty or forfeiture imposed.

     (2)  The fines, penalties and forfeitures, when so collected by the department of safety, shall be deposited with the state treasurer and shall become a part of the general funds of the state.

(d)  (1)  Notwithstanding any other law to the contrary, when any freight motor vehicle is found to be in violation of only § 55-7-203(3), a fine of twenty-five dollars ($25.00) shall be imposed.

     (2)  The courts of general sessions have jurisdiction to hear citations issued pursuant to this provision.

(e)  A violation of § 55-7-204 is a Class C misdemeanor, punishable only by a fine of one thousand dollars ($1,000).

(f)  Notwithstanding any other law to the contrary, a violation of the first sentence of § 55-7-201(c) is a Class C misdemeanor, punishable only by a fine of one thousand dollars ($1,000).

(g)  Notwithstanding this section or any other law to the contrary, any violation of § 55-7-202, relative to excessive width or height, and any violation of permit restrictions on movements of excessive width and height as set forth in regulations duly adopted and promulgated by the commissioner of transportation under § 55-7-205, is a Class C misdemeanor, punishable only by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for these violations. A violation of a permit requirement relative to time restrictions is a Class C misdemeanor, punishable only by a fine of one hundred dollars ($100).

[Acts 1933, ch. 35, § 9; 1939, ch. 171, § 1; mod. C. Supp. 1950, § 2715.5 (Williams, § 2715.9); Acts 1953, ch. 3, § 6; 1957, ch. 161, § 1; impl. am. Acts 1959, ch. 9, §§ 3, 14; Acts 1963, ch. 197, § 1; impl. am. Acts 1972, ch. 829, § 5; T.C.A. (orig. ed.), § 59-1112; Acts 1981, ch. 448, § 8; 1982, ch. 904, § 1; 1984, ch. 932, §§ 1, 2; T.C.A., § 55-11-206; Acts 1989, ch. 156, § 2; 1991, ch. 258, § 1; 1991, ch. 502, § 1; 1995, ch. 327, § 1.]