Terms Used In Tennessee Code > Title 30 > Chapter 2 - Management, Settlement and Distribution

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Administrator: means the federal motor carrier safety administrator, the chief executive of the federal motor carrier safety administration, an agency within the United States department of transportation. See Tennessee Code 55-50-102
• ADS: means technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed in high or full automation mode, without any supervision by a human operator, with specific driving mode performance by the automated driving system of all aspects of the dynamic driving task that can be managed by a human driver, including the ability to automatically bring the motor vehicle into a minimal risk condition in the event of a critical vehicle or system failure or other emergency event. See Tennessee Code 55-30-102
• ADS: means technology installed on a motor vehicle that has the capability to drive the vehicle on which the technology is installed in high or full automation mode, without any supervision by a human operator, with specific driving mode performance by the automated driving system of all aspects of the dynamic driving task that can be managed by a human driver, including the ability to automatically bring the motor vehicle into a minimal risk condition in the event of a critical vehicle or system failure or other emergency event. See Tennessee Code 55-8-101
• ADS-operated vehicle: means a vehicle equipped with an automated driving system. See Tennessee Code 55-30-102
• ADS-operated vehicle: means a vehicle equipped with an automated driving system. See Tennessee Code 55-8-101
• Appraisal: A determination of property value.
• Area of sales responsibility: means the geographical area, agreed to by the dealer and the manufacturer in the manufacturer/dealer agreement, within which area the dealer has the exclusive right to display and sell the manufacturer's new recreational vehicles of a particular line-make to the retail public. See Tennessee Code 55-28-102
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Asset forfeiture: A procedure by which a person's property is seized to pay judgments levied by the court.
• Autocycle: means the same as defined in §. See Tennessee Code 55-50-102
• Automobile club or association: as used in this chapter , means any individual or entity, who in consideration of fees, dues, periodic payments, or other specifically stated charges, promises its members to provide automobile club services. See Tennessee Code 55-18-101
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bequest: Property gifted by will.
• Bicycle: means every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than twenty inches (20") in diameter. See Tennessee Code 55-8-101
• Bus: means every motor vehicle designed for carrying more than fifteen (15) passengers including the driver and operated for the transportation of persons. See Tennessee Code 55-50-102
• CDL: means a license issued by the department in accordance with the standards contained in 49 C. See Tennessee Code 55-50-102
• Chauffeur: means every person who is employed by another for the principal purpose of driving a motor vehicle and every person who drives a school bus transporting school children or any motor vehicle when in use for the transportation of persons or property for compensation. See Tennessee Code 55-8-101
• Chauffeur: means every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property. See Tennessee Code 55-50-102
• Chief: means the chief of the highway patrol. See Tennessee Code 55-50-102
• CLP: means a permit issued to an individual by the department that, when carried with a valid driver license issued by the department, authorizes the individual to operate a class of a commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training. See Tennessee Code 55-50-102
• Commerce: means :
  (A) Trade, traffic, and transportation within the jurisdiction of the United States. See Tennessee Code 55-50-102
• Commercial driver certificate: means a document issued by the department that authorizes a driver to operate a class of motor vehicle. See Tennessee Code 55-50-102
• Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
  (i) Has a gross vehicle weight rating or gross combination weight rating of twenty-six thousand one (26,001) or more pounds. See Tennessee Code 55-50-102
• Commissioner: means the commissioner of revenue. See Tennessee Code 55-21-102
• Commissioner: means the commissioner of agriculture. See Tennessee Code 55-21-201
• Commissioner: means the commissioner of safety. See Tennessee Code 55-50-102
• Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 55-18-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Consumer: means the purchaser, other than for purposes of resale, or the lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to the motor vehicle, and any other person entitled by the terms of the warranty to enforce the obligations of the warranty. See Tennessee Code 55-24-101
• Contemplation of death: The expectation of death that provides the primary motive to make a gift.
• Controlled substance: means any substance so classified under §. See Tennessee Code 55-50-102
• Conviction: means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated. See Tennessee Code 55-50-102
• Dealer: means any person, firm, corporation, or business entity licensed or required to be licensed under this chapter or chapter 17, part 4 of this title. See Tennessee Code 55-28-102
• Dealer: means every person engaged in the business of buying, selling or exchanging vehicles of a type required to be registered and who has an established place of business for that purpose in this state. See Tennessee Code 55-8-101
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of safety, the department of revenue and the county clerk's office when acting as an agent of these departments, or the duly authorized agents or contractors thereof, responsible to compile and maintain motor vehicle records. See Tennessee Code 55-25-103
• Department: means the department of revenue. See Tennessee Code 55-30-102
• Department: means the department of revenue. See Tennessee Code 55-1-111
• Department: means the department of revenue. See Tennessee Code 55-21-102
• Department: means the department of agriculture. See Tennessee Code 55-21-201
• Department: means the department of safety acting directly or through its duly authorized officers and agents. See Tennessee Code 55-50-102
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Director: means the director of the quality and standards division of the department. See Tennessee Code 55-21-201
• Disabled passenger: is a person who meets the requirements for disabled drivers established in subdivisions (3)(A)-(C). See Tennessee Code 55-21-102
• Disabled veteran: means a disabled driver who is a former member of the United States armed forces or a former or current member of a reserve or Tennessee national guard unit who was called into active military service of the United States, as defined in §. See Tennessee Code 55-21-102
• Disclose: means to engage in any practice or conduct to make available and make known personal information contained in a motor vehicle record about a person to any person, organization or entity, by any means of communication. See Tennessee Code 55-25-103
• Distributor: means any person, firm, corporation, or business entity that purchases new recreational vehicles for resale to dealers. See Tennessee Code 55-28-102
• Docket: A log containing brief entries of court proceedings.
• Domicile: means a person's fixed, permanent and principal home for legal purposes and to which the person has the intention of returning whenever the person is absent. See Tennessee Code 55-50-102
• Driver: means :
  (A) For purposes of a conventionally operated vehicle, every person who drives or is in actual physical control of a vehicle. See Tennessee Code 55-8-101
• Driver: means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-50-102
• Driver license: means a license issued by the department to an individual that authorizes the individual to operate a motor vehicle on the highways. See Tennessee Code 55-50-102
• Dynamic driving task: means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic. See Tennessee Code 55-30-102
• Employee: means an operator of a commercial motor vehicle, including an owner-operator or other independent contractor while in the course of operating a commercial motor vehicle, who is employed by an employer. See Tennessee Code 55-50-102
• Employer: means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle. See Tennessee Code 55-50-102
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Ex officio: Literally, by virtue of one's office.
• Express consent: means consent in writing, including consent conveyed electronically that bears an electronic signature as defined in 15 U. See Tennessee Code 55-25-103
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Family member: means a spouse, child, grandchild, parent, sibling, niece, or nephew, or the spouse of such family member. See Tennessee Code 55-28-102
• Farm tractor: means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry. See Tennessee Code 55-8-101
• Felony: means any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one (1) year. See Tennessee Code 55-50-102
• Fiduciary: A trustee, executor, or administrator.
• FMCSA: means the federal motor carrier safety administration, an agency within the United States department of transportation. See Tennessee Code 55-50-102
• Folding camping trailer: means a vehicle mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use. See Tennessee Code 55-28-102
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Full legal name: means an individual's first name, middle name or names and last name or surname, without use of initials or nicknames. See Tennessee Code 55-50-102
• gasoline: means gasoline or other motor vehicle fuel. See Tennessee Code 55-21-201
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hazardous materials: means any material that has been designated as hazardous under 49 U. See Tennessee Code 55-50-102
• Highly restricted personal information: means an individual's photograph or image, social security number, medical or disability information. See Tennessee Code 55-25-103
• Highway: means the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
• Highway: means the entire width between the boundary lines of every way publicly maintained that is open to the use of the public for purposes of vehicular travel, or the premises of any shopping center, trailer park or apartment house complex or any other premises frequented by the public at large. See Tennessee Code 55-50-102
• Implement of husbandry: means every vehicle that is designed for agricultural purposes and exclusively used by the owner thereof in the conduct of the owner's agricultural operations. See Tennessee Code 55-8-101
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inter vivos: Transfer of property from one living person to another living person.
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intestate: Dying without leaving a will.
• Lawful permanent resident: means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed. See Tennessee Code 55-50-102
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Legacy: A gift of property made by will.
• Legatee: A beneficiary of a decedent
• Lessee: means any consumer who leases a motor vehicle pursuant to a written lease agreement by which a manufacturer's warranty was issued as a condition of sale or which provides that the lessee is responsible for repairs to the motor vehicle. See Tennessee Code 55-24-101
• Line-make: means a specific series of recreational vehicles that:
  (A) Are identified by a common series trade name or trademark. See Tennessee Code 55-28-102
• Local authorities: means every county, municipal and other local board or body having authority to enact ordinances or make regulations relating to traffic under the constitution and laws of this state. See Tennessee Code 55-8-101
• Local retirement fund: means any teachers' retirement fund or other arrangement for payment of retirement benefits to teachers, except this retirement system, supported wholly or in part by contributions made by an employer as defined by chapters 34-37 of this title. See Tennessee Code 8-34-101
• Manufacturer: means any person who manufactures or assembles new or unused motor vehicles or, in the case of motor vehicles not manufactured in the United States, the importer of the motor vehicle. See Tennessee Code 55-24-101
• Manufacturer: means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicles. See Tennessee Code 55-28-102
• Manufacturer: means every person engaged in the business of constructing or assembling vehicles of a type required to be registered at an established place of business in this state. See Tennessee Code 55-8-101
• Minimal risk condition: means a low-risk operating mode in which an ADS-operated vehicle when the ADS is engaged achieves a reasonably safe state upon experiencing a failure of the vehicle's ADS that renders the vehicle unable to perform the entire dynamic driving task. See Tennessee Code 55-30-102
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Motor home: means a motorized vehicle designed to provide temporary living quarters for recreational, camping, or travel use. See Tennessee Code 55-28-102
• Motor vehicle: means any self-propelled vehicle that is designed for use upon the highway, including trailers and semitrailers designed for use with the vehicle, and every vehicle that is propelled by electric power obtained from overhead wires but not operated upon rails, except traction engines, road rollers and farm tractors. See Tennessee Code 55-23-102
• Motor vehicle: includes a motorcycle, as defined in §. See Tennessee Code 55-24-101
• Motor vehicle: means a vehicle, low speed vehicle or medium speed vehicle as defined in this section, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power used on highways or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer or semitrailer operated exclusively on a rail. See Tennessee Code 55-50-102
• Motor vehicle record: means any records that pertain to a motor vehicle operator's or driver license or permit, motor vehicle registration, motor vehicle title, or identification document issued by a department of safety, or other state or local agency authorized to issue any of these forms of credentials. See Tennessee Code 55-25-103
• Motor-driven cycle: means every motorcycle, including every motor scooter, with a motor that produces no more than five (5) brake horsepower, or with a motor with a cylinder capacity not exceeding one hundred twenty-five cubic centimeters (125cc). See Tennessee Code 55-8-101
• Motorcycle: means "motorcycle" as defined in §. See Tennessee Code 55-50-102
• Motorized bicycle: means "motorized bicycle" as defined in §. See Tennessee Code 55-50-102
• Motorscooter: means "motorscooter" as included in the definition of "motor-driven cycle" in §. See Tennessee Code 55-50-102
• Nonresident: means every person who is not a resident of the state. See Tennessee Code 55-50-102
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Oath: A promise to tell the truth.
• Operator: means :
  (A) For purposes of a conventionally operated vehicle, every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-8-101
• Operator: means every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Tennessee Code 55-50-102
• Owner: means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof, with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter and chapter 10, parts 1-5 of this title. See Tennessee Code 55-8-101
• Owner: means a person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this chapter. See Tennessee Code 55-50-102
• Pedestrian: means any person afoot or using a motorized or non-motorized wheelchair. See Tennessee Code 55-8-101
• Person: includes any natural person, firm, association, corporation or partnership. See Tennessee Code 55-23-102
• Person: means every natural person, partnership, corporation, association, trust, estate or other legal entity. See Tennessee Code 55-24-101
• Person: means an individual, organization or entity, but does not include this state or an agency of this state. See Tennessee Code 55-25-103
• Person: means a natural person, firm, copartnership, association, corporation, or an engaged ADS. See Tennessee Code 55-8-101
• Person: means an individual, firm, partnership, association, trustee, or corporation. See Tennessee Code 55-21-201
• Person: means every natural person, firm, copartnership, association or corporation. See Tennessee Code 55-50-102
• Personal information: means information that identifies a person, including an individual's photograph, or computerized image, social security number, driver identification number, name, address excluding the five-digit zip code, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving or equipment-related violations, and driver license or registration status. See Tennessee Code 55-25-103
• Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
• Personal property: All property that is not real property.
• Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Physical disability: means having a disability on account of sight disabilities, hearing disabilities, disabilities of incoordination, disabilities of aging, and any other disability that significantly reduces mobility, flexibility or perceptiveness. See Tennessee Code 68-120-203
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Police officer: means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Tennessee Code 55-8-101
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probate: Proving a will
• Probate court: means the court having jurisdiction over the administration of the estates of decedents. See Tennessee Code 1-3-105
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Railroad: means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. See Tennessee Code 55-8-101
• Record: includes all books, papers, photographs, photostats, cards, films, tapes, recordings, electronic data, printouts or other documentary materials regardless of physical form or characteristics. See Tennessee Code 55-25-103
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Refueling service: means the service of pumping gasoline into the fuel tank of a motor vehicle. See Tennessee Code 55-21-201
• Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
• Resident: means every person that lives in this state for a period of time exceeding thirty (30) days, has taken employment, or who would qualify as a registered voter, or has taken action to establish Tennessee as principal place of domicile. See Tennessee Code 55-50-102
• Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the [former] federal savings and loan insurance corporation (FSLIC) or any successor [repealed] of such corporation. See Tennessee Code 1-3-105
• School bus: means every motor vehicle operated for the transportation of children to or from school or school-related activities and is operated for compensation. See Tennessee Code 55-50-102
• Secretary: means the secretary of transportation of the United States. See Tennessee Code 55-50-102
• Service of process: The service of writs or summonses to the appropriate party.
• State: means :
  (A) For the purposes of commercial driver licenses, a state of the United States and the District of Columbia. See Tennessee Code 55-50-102
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Street: means the entire width between boundary lines of every way when any part thereof is open to the use of the public for purposes of vehicular travel. See Tennessee Code 55-8-101
• Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
• Substantially impair: means to render a motor vehicle unreliable or unsafe for normal operation or to reduce its resale market value below the average resale value for comparable motor vehicles. See Tennessee Code 55-24-101
• Superseded system: means , where applicable, the Tennessee state retirement system, the Tennessee teachers' retirement system, the Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee, the attorneys general retirement system of Tennessee, the public service commissioners' retirement system, and the Tennessee retirement system for county officials, any one (1) of them, or any combination thereof. See Tennessee Code 8-34-101
• Supplier: means any person, firm, corporation, or business entity that engages in the manufacturing of recreational vehicle parts, accessories, or components. See Tennessee Code 55-28-102
• Temporary driver license: means a license issued by the department to an individual that authorizes the individual to operate a motor vehicle on the highways for the individual's authorized period of stay in the United States or, if there is no definite end to the period of authorized stay, a period of one (1) year. See Tennessee Code 55-50-102
• Term of protection: means the term of applicable express warranties or the period of one (1) year following the date of original delivery of the motor vehicle to a consumer, whichever comes first. See Tennessee Code 55-24-101
• Testate: To die leaving a will.
• Testator: A male person who leaves a will at death.
• Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. See Tennessee Code 55-8-101
• Trailer: means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. See Tennessee Code 55-8-101
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transient customer: means a customer who is temporarily traveling through a dealer's area of sales responsibility. See Tennessee Code 55-28-102
• Travel trailer: means a vehicle, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use of such size and weight as to not require a special highway movement permit when towed by a motorized vehicle. See Tennessee Code 55-28-102
• United States: means the fifty (50) states and the District of Columbia. See Tennessee Code 55-50-102
• Vehicle: means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Tennessee Code 55-8-101
• Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. See Tennessee Code 55-50-102
• Venue: The geographical location in which a case is tried.
• Violation: means a conviction except as otherwise provided in §. See Tennessee Code 55-50-102
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.