2010 Tennessee Code
Title 55 - Motor and Other Vehicles
Chapter 21 - Disabled Drivers and Passengers
Part 1 - Disabled Drivers Law of 1975
55-21-108 - Unauthorized use of disabled parking or placard Violations Penalties.

55-21-108. Unauthorized use of disabled parking or placard Violations Penalties.

(a)  (1)  (A)  Any person, except a person who meets the requirements for the issuance of a distinguishing placard or license plate, a disabled veteran's license plate, or who meets the requirements of § 55-21-105(d), who parks in any parking space designated with the wheelchair disabled sign, commits a misdemeanor, punishable by a fine of two hundred dollars ($200), which fine shall not be suspended or waived and, in addition, not more than five (5) hours of community service work may be imposed. Any community service requirements imposed by this section shall be to assist the disabled community by monitoring disabled parking spaces, providing assistance to handicapped centers or to disabled veterans, or other such purposes. The agreement may designate the entity that is responsible for the supervision and control of the offenders.

          (B)  In order to furnish the general assembly with information necessary to make an informed determination as to whether the increase in the cost of living has resulted in the fine authorized by subdivision (a)(1)(A) no longer being commensurate with the amount of fine deserved for the offense committed, every five (5) years, on or before January 15, the fiscal review committee shall report to the chief clerks of the senate and of the house of representatives of the general assembly and report to the general assembly the percentage of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics and shall also report to the clerks what the amount of the fine would be if adjusted to reflect the compounded cost-of-living increases during the five-year period.

     (2)  In addition to the fine imposed pursuant to subdivision (a)(1), a vehicle that does not display a disabled license plate or placard, and that is parked in any parking space designated with the wheelchair disabled sign, is subject to being towed. When a vehicle has been towed or removed pursuant to this subdivision (a)(2), it shall be released to its owner, or person in lawful possession, upon demand; provided, that the person making demand for return pays all reasonable towing and storage charges and that the demand is made during the operating hours of the towing company.

     (3)  It is also a violation of this subsection (a) for any person to park a motor vehicle so that a portion of the vehicle encroaches into a disabled parking space in a manner that restricts, or reasonably could restrict, a person confined to a wheelchair from exiting or entering a motor vehicle properly parked within the disabled parking space.

     (4)  (A)  Signs designating disabled parking shall indicate that unauthorized or improperly parked vehicles may be towed and the driver fined two hundred dollars ($200), and shall also provide the name and telephone number of the towing company or the name and telephone number of the property owner, lessee or agent in control of the property.

          (B)  After July 1, 2008, as new signs designating disabled parking are erected, the signs shall indicate the penalties imposed by this section. Nothing in this section shall be construed to require the removal or alteration of any existing sign designating disabled parking.

(b)  Notwithstanding any other law to the contrary, subsection (a) shall be enforced by state and local authorities in their respective jurisdictions, whether violations occur on public or private property, in the same manner used to enforce other parking laws.

(c)  (1)  Any person not meeting the requirements of § 55-21-103 who uses a disabled placard to obtain parking commits a misdemeanor. The disabled placard used to obtain parking by a person not meeting the requirements of § 55-21-103 shall be subject to forfeiture and confiscation by state and local authorities in their respective jurisdictions.

     (2)  If a state or local law enforcement officer observes a violation of subdivision (c)(1), the officer may confiscate the disabled placard. To recover the placard, a driver must demonstrate by a preponderance of the evidence that the driver was complying with § 55-21-103, at the time of the confiscation.

(d)  Any person who unlawfully sells, copies, duplicates, manufactures, or assists in the sale, copying, duplicating or manufacturing of a disabled placard commits a Class A misdemeanor, punishable by a minimum one thousand dollar ($1,000) fine and imprisonment for a time in the discretion of the court.

(e)  Any person who is not a disabled driver as prescribed in § 55-21-102, and who willfully and falsely represents himself as meeting the requirements to obtain either a permanent or temporary placard commits a Class A misdemeanor, punishable only by a fine of not more than one thousand dollars ($1,000).

(f)  Any violation of § 55-21-103(g) shall be a Class B misdemeanor, punishable by a fine only of two hundred dollars ($200).

[Acts 1975, ch. 163, § 8; 1978, ch. 676, § 3; T.C.A., § 59-2208; Acts 1982, ch. 656, §§ 1, 2; 1983, ch. 25, § 2; 1986, ch. 598, § 9; 1986, ch. 791, § 12; 1988, ch. 601, § 3; 1988, ch. 716, § 1; 1989, ch. 442, §§ 1, 2; 1989, ch. 591, § 1, 6; 1992, ch. 683, § 1; 1992, ch. 947, §§ 1, 3; 1993, ch. 93, § 1; 1994, ch. 634, § 1; 2004, ch. 666, § 5; 2007, ch. 32, §§ 1, 2; 2008, ch. 909, §§ 1-4; 2008, ch. 1001, § 2.]