Attorney's Note

Whether a vehicle is considered "Immobile" is clarified in Tenn. Code 55-16-103, which states that a vehicle is immobile if it is "immobilized and incapable of moving under its own power due to an accident, mechanical breakdown, weather conditions or other emergency situation."  The word "unattended" is also defined there. The last phrase in this section makes clear that a vehicle can be immediately towed if it is parked illegally.

Terms Used In Tennessee Code 55-16-111

  • 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
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • 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

Notwithstanding any law to the contrary, a vehicle may not be towed without authorization by the owner of the vehicle until twelve (12) hours have elapsed since it was first observed to be immobile or unattended unless the vehicle is creating a hazard, blocking access to public or private property, or parked illegally.

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