Amends TCA Title 4; Title 9; Title 55 and Title 56.
This bill requires the department of revenue to establish an uninsured vehicle diversion program that uses vehicle recognition systems to aid in detection of violations of the Financial Responsibility Law. A vehicle recognition system under this bill will be a system of one or more camera sensors combined with computer software to convert images of vehicles and registration plates into computer-readable data. This bill authorizes the commissioner of revenue to: (1) Contract with other government entities or private entities for services or assistance that the commissioner deems necessary or appropriate for the administration of the diversion program; (2) Install and implement a vehicle recognition system on appropriate infrastructure owned by this state or a political subdivision of this state, including within rights of way; and on physical structures such as bridges and overpasses; on supporting structures and equipment, such as traffic signals, gantries, highway signs, and other equipment supporting the use and maintenance of the roadways; (3) Use infrastructure described in item (2) above as necessary to ensure that a vehicle recognition system has access to the necessary power to operate; (4) Authorize an entity with which the commissioner contracts pursuant to item (1) above to access data from the vehicle insurance verification program for purposes limited to the administration of the program; and (5) Enter into an agreement with another state or local agency to authorize the agency to access and use a vehicle recognition system used by the diversion program for a purpose limited to that agency's statutory powers and duties. This bill states that such access and use of vehicle recognition system must not interfere with the operation of the vehicle recognition system by the department or law enforcement agency administrating the program. Under this bill, only POST-certified or state-commissioned law enforcement officers may review video evidence from a vehicle recognition system and determine if a violation has occurred. If it is determined that a violation has occurred, the department must send a notice of violation to the registered owner of the vehicle that was captured by the system. The full text of this bill provides the requirements of such notice, including that the notice must: (1) Be sent by the department within 20 business days after the occurrence of the violation, absent exigent circumstances arising from registration irregularities; (2) Have a Tennessee return address and all responses and payments must be paid to an address in this state; and (3) Allow for a payment of the diversion program fee within 30 days of the mailing of the notice. This bill authorizes the department to assess a fee upon a determination that a violation has occurred: $275 for the first violation and $350 for a second or subsequent violation (this will be in addition to the present law provision for suspension of driver license for failure to comply with the Financial Responsibility Law). The registered owner of the motor vehicle will be responsible for payment, unless an exception applies as provided in this bill. The department is prohibited from assessing more than one fee for each distinct and separate occurrence of a violation. This bill prohibits a person having charge, custody of, or control over any records or information regarding a violation of this bill from disclosing such records or information to a consumer reporting agency or in any credit report.
This bill requires the department of revenue to establish an uninsured vehicle diversion program that uses vehicle recognition systems to aid in detection of violations of the Financial Responsibility Law. A vehicle recognition system under this bill will be a system of one or more camera sensors combined with computer software to convert images of vehicles and registration plates into computer-readable data. This bill authorizes the commissioner of revenue to: (1) Contract with other government entities or private entities for services or assistance that the commissioner deems necessary or appropriate for the administration of the diversion program; (2) Install and implement a vehicle recognition system on appropriate infrastructure owned by this state or a political subdivision of this state, including within rights of way; and on physical structures such as bridges and overpasses; on supporting structures and equipment, such as traffic signals, gantries, highway signs, and other equipment supporting the use and maintenance of the roadways; (3) Use infrastructure described in item (2) above as necessary to ensure that a vehicle recognition system has access to the necessary power to operate; (4) Authorize an entity with which the commissioner contracts pursuant to item (1) above to access data from the vehicle insurance verification program for purposes limited to the administration of the program; and (5) Enter into an agreement with another state or local agency to authorize the agency to access and use a vehicle recognition system used by the diversion program for a purpose limited to that agency's statutory powers and duties. This bill states that such access and use of vehicle recognition system must not interfere with the operation of the vehicle recognition system by the department or law enforcement agency administrating the program. Under this bill, only POST-certified or state-commissioned law enforcement officers may review video evidence from a vehicle recognition system and determine if a violation has occurred. If it is determined that a violation has occurred, the department must send a notice of violation to the registered owner of the vehicle that was captured by the system. The full text of this bill provides the requirements of such notice, including that the notice must: (1) Be sent by the department within 20 business days after the occurrence of the violation, absent exigent circumstances arising from registration irregularities; (2) Have a Tennessee return address and all responses and payments must be paid to an address in this state; and (3) Allow for a payment of the diversion program fee within 30 days of the mailing of the notice. This bill authorizes the department to assess a fee upon a determination that a violation has occurred: $275 for the first violation and $350 for a second or subsequent violation (this will be in addition to the present law provision for suspension of driver license for failure to comply with the Financial Responsibility Law). The registered owner of the motor vehicle will be responsible for payment, unless an exception applies as provided in this bill. The department is prohibited from assessing more than one fee for each distinct and separate occurrence of a violation. This bill prohibits a person having charge, custody of, or control over any records or information regarding a violation of this bill from disclosing such records or information to a consumer reporting agency or in any credit report.
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