Tennessee Code Annotated
Tenn. Code Ann. § 55-12-139 (2024)
Compliance with financial responsibility law required - Evidence of compliance - Issuance of citations by police service technicians
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) This part shall apply to every vehicle subject to the registration and certificate of title provisions.
- (b)
- (1)
- (A) At the time a driver of a motor vehicle is charged with any violation under chapters 8 and 10, parts 1-5, and chapter 50 of this title; chapter 9 of this title; any other local ordinance regulating traffic; or at the time of an accident for which notice is required under § 55-10-106, an officer shall request evidence of financial responsibility as required by this section.
- (B) In case of an accident for which notice is required under § 55-10-106, the officer shall request evidence of financial responsibility from all drivers involved in the accident without regard to apparent or actual fault.
- (C) If the driver of a motor vehicle fails to show an officer evidence of financial responsibility, or provides the officer with evidence of a motor vehicle liability policy as evidence of financial responsibility, the officer shall utilize the vehicle insurance verification program as defined in § 55-12-203 and may rely on the information provided by the vehicle insurance verification program, for the purpose of verifying evidence of liability insurance coverage.
- (2) For the purposes of this section, "financial responsibility" means:
- (A) Documentation, such as the declaration page of an insurance policy, an insurance binder, or an insurance card from an insurance company authorized to do business in this state, whether in paper or electronic format, stating that a policy of insurance meeting the requirements of this part has been issued;
- (B) A certificate, valid for one (1) year, issued by the commissioner of safety, stating that:
- (i) A cash deposit or bond in the amount required by this part has been paid or filed with the commissioner of revenue; or
- (ii) The driver has qualified as a self-insurer under § 55-12-111; or
- (C) The motor vehicle being operated at the time of the violation was owned by a common carrier subject to the jurisdiction of the department of safety or the interstate commerce commission, or was owned by the United States, this state, or any political subdivision thereof, and that the motor vehicle was being operated with the owner's consent.
- (1)
- (c)
- (1) It is an offense to fail to provide evidence of financial responsibility pursuant to this section.
- (2) Except as provided in subdivision (c)(3), a violation of subdivision (c)(1) is a Class C misdemeanor punishable only by a fine of not more than three hundred dollars ($300).
- (3)
- (A) A violation of subdivision (c)(1) is a Class A misdemeanor, if a person is not in compliance with the financial responsibility requirements of this part at the time of an accident resulting in bodily injury or death and such person was at fault for the accident.
- (B) For purposes of subdivision (c)(3)(A), a person is at fault for an accident if the person acted with criminal negligence, as defined in § 39-11-106, in the operation of such person's motor vehicle.
- (C) A violation of subdivision (c)(1) is a Class A misdemeanor, if a person acts to demonstrate financial responsibility as required by this section by providing proof of motor vehicle liability insurance that the person knows is not valid.
- (4) If the driver of a motor vehicle fails to provide evidence of financial responsibility pursuant to this section, an officer may tow the motor vehicle as long as the officer's law enforcement agency has adopted a policy delineating the procedure for taking such action.
- (d) The fines imposed by this section shall be in addition to any other fines imposed by this title for any other violation under this title.
- (e)
- (1) On or before the court date, the person so charged may submit evidence of financial responsibility at the time of the violation. If it is the person's first violation of this section and the court is satisfied that the financial responsibility was in effect at the time of the violation, the charge of failure to provide evidence of financial responsibility shall be dismissed. Upon the person's second or subsequent violation of this section, if the court is satisfied that the financial responsibility was in effect at the time of the violation, the charge of failure to provide evidence of financial responsibility may be dismissed. Any charge that is dismissed pursuant to this subsection (e) shall be dismissed without costs to the defendant and no litigation tax shall be due or collected, notwithstanding any law to the contrary.
- (2) A person who did not have financial responsibility that was in effect at the time of being charged with a violation of subsection (c) shall not have that person's violation of subsection (c) dismissed.
- (f)
- (1) Notwithstanding any law to the contrary, in any county having a population in excess of seven hundred fifty thousand (750,000), according to the 2000 federal census or any subsequent federal census, police service technicians are authorized to issue traffic citations in lieu of arrest pursuant to § 55-10-207.
- (2) For the purposes of subdivision (f)(1) only, "police service technician" means a person appointed by the director of police services, who responds to requests for service at accident locations and obtains information, investigates accidents and provides other services to assist the police unit, fire unit, ambulance, emergency rescue and towing service.
- (g) For purposes of this section, acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device.
- (h) If a person displays the evidence in an electronic format pursuant to this section, the person is not consenting for law enforcement to access any other contents of the electronic device.
Amended by 2019 Tenn. Acts, ch. 246,s 1, eff. 5/2/2019.
Amended by 2015 Tenn. Acts, ch. 511,s 3, s4, s5 eff. 1/1/2016.
Amended by 2015 Tenn. Acts, ch. 511,s 2, eff. 1/1/2016.
Amended by 2013 Tenn. Acts, ch. 479,s 1, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 327,s1, s2 eff. 5/13/2013.
Acts 2001, ch. 292, § 1; 2002, ch. 648, § 1; 2005, ch. 401, § 1; 2008, ch. 1169, § 1; 2009, ch. 370, § 1; 2009, ch. 441, § 1.
Notes of Decisions
Cited in 16
cases (3 in the last 5 years), 2005–2025 · leading case: Purkey v. Am. Home Assurance Co., 173 S.W.3d 703 (Tenn. 2005).
Purkey v. Am. Home Assurance Co., 173 S.W.3d 703 (Tenn. 2005). “§ 55-12-139. Failure to comply can result in revocation of the motorist’s license and registration.”
State of Tennessee v. Triston Lee Harris, 280 S.W.3d 832 (Tenn. Crim. App. 2008). “§ 55-12-139(b), (c) (2004) (requiring officer who has charged a motorist with any “moving violation” to “request evidence of financial responsibility” and proscribing the failure to “provide evidence of financial responsibility” as a Class C misdemeanor punishable only by a fine…”
Starr v. Hill, 353 S.W.3d 478 (Tenn. 2011). “Tennessee Code Annotated section 55-12-139(b)(1) (2008 & Supp.2010) provides that "financial responsibility” means "[djocumen-tation, such as the declaration page of an insurance policy, an insurance binder, or an insurance card from an insurance company authorized to do…”
State of Tennessee v. Darrell Wayne Smith, No. E2017-00764-CCA-R3-CD (Tenn. Crim. App. July 2, 2018). “Tenn. Code Ann. § 55-12-139 . Documentation of an insurance policy is one of the necessary aspects of proof for financial responsibility.”
State of Tennessee v. John Ayres Hewitt, No. E2009-01314-CCA-R3-CD (Tenn. Crim. App. Nov. 29, 2010). “We observe from the record that the judgments of conviction reflect that the court sentenced Appellant to 6 months, to be served on probation, on count ten (failure to drive within a single lane of traffic in violation of Tennessee Code Annotated section 55-8-123) and count…”
State of Tennessee v. Ralph Wilhoite, No. E2010-00352-CCA-R3-CD (Tenn. Crim. App. Apr. 26, 2011). “] Tenn. Code Ann. § 55-12-139 (b). -7- Taken in the light most favorable to the State, the evidence shows that the appellant was driving on Old Sevierville Pike and hit a tree and a mailbox.”
State of Tennessee v. Tony A. Pitts, No. M2009-01177-CCA-R3-CD (Tenn. Crim. App. July 22, 2010). “T.C.A. § 55-12-139(c). The judgments in the record are silent as to whether the sentences were ordered to run consecutively or concurrently.”
Reginald M. Younger v. Kibreab Kidane Okbahhanes, 632 S.W.3d 531 (Tenn. Ct. App. 2021). “The traffic citation listed the following as alleged offenses committed by Defendant: (1) failure to exercise due care, pursuant to Tennessee Code Annotated § 55-8-136; (2) violation of financial responsibility law, pursuant to section 55-12-139; and (3) failure to carry…”
State of Tennessee v. Robert Shane Cole, No. W2020-01675-CCA-R3-CD (Tenn. Crim. App. Jan. 27, 2022). “§ 55-50-601(1) Violation of the Financial Responsibility Law, a Class C misdemeanor, T.C.A. § 55-12-139 The plea agreement and the judgments also reflect that Defendant also pleaded guilty to the following offenses occurring on November 26, 2019: DUI – first offense, a Class A…”
Harris v. Cunningham, No. 2:24-cv-00032 (M.D. Tenn. Oct. 9, 2025). “Tenn. Code § 55-12-139(b)(1)(A). While Taylor was looking for the documents, Officer Cunningham requested her consent to search the vehicle, and she agreed.”
State of Tennessee v. John S. Crandall, No. M2012-00299-CCA-R3-CD (Tenn. Crim. App. Oct. 26, 2012). “) failure to obey a traffic control device by not stopping at a stop sign, in violation of Tennessee Code Annotated section 55-8-109; (4) driving a motor vehicle on the public highways with an expired registration, in violation of Tennessee Code Annotated section 55-4-104; and…”
State of Tennessee v. Manfred Steinhagen, No. M2009-01592-CCA-R3-CD (Tenn. Crim. App. July 9, 2010). “Steinhagen was also convicted of violating the Financial Responsibility Act under Tennessee Code Annotated section 55-12-139(b), which states: At the time the driver of a motor vehicle is charged with any violation under chapters 8 and 10, parts 1-5, and chapter 50 of this…”
Tenn. Code Ann. § 55-12-139(a): 1 case
Purkey v. Am. Home Assurance Co., 173 S.W.3d 703 (Tenn. 2005). “§ 55-12-139. Failure to comply can result in revocation of the motorist’s license and registration.”
Tenn. Code Ann. § 55-12-139(b): 3 cases
State of Tennessee v. Triston Lee Harris, 280 S.W.3d 832 (Tenn. Crim. App. 2008). “§ 55-12-139(b), (c) (2004) (requiring officer who has charged a motorist with any “moving violation” to “request evidence of financial responsibility” and proscribing the failure to “provide evidence of financial responsibility” as a Class C misdemeanor punishable only by a fine…”
Purkey v. Am. Home Assurance Co., 173 S.W.3d 703 (Tenn. 2005). “§ 55-12-139. Failure to comply can result in revocation of the motorist’s license and registration.”
State of Tennessee v. Manfred Steinhagen, No. M2009-01592-CCA-R3-CD (Tenn. Crim. App. July 9, 2010). “Steinhagen was also convicted of violating the Financial Responsibility Act under Tennessee Code Annotated section 55-12-139(b), which states: At the time the driver of a motor vehicle is charged with any violation under chapters 8 and 10, parts 1-5, and chapter 50 of this…”
Tenn. Code Ann. § 55-12-139(b)(1): 1 case
Starr v. Hill, 353 S.W.3d 478 (Tenn. 2011). “Tennessee Code Annotated section 55-12-139(b)(1) (2008 & Supp.2010) provides that "financial responsibility” means "[djocumen-tation, such as the declaration page of an insurance policy, an insurance binder, or an insurance card from an insurance company authorized to do…”
Tenn. Code Ann. § 55-12-139(b)(1)(A): 1 case
Harris v. Cunningham, No. 2:24-cv-00032 (M.D. Tenn. Oct. 9, 2025). “Tenn. Code § 55-12-139(b)(1)(A). While Taylor was looking for the documents, Officer Cunningham requested her consent to search the vehicle, and she agreed.”
Tenn. Code Ann. § 55-12-139(c): 4 cases
State of Tennessee v. Tony A. Pitts, No. M2009-01177-CCA-R3-CD (Tenn. Crim. App. July 22, 2010). “T.C.A. § 55-12-139(c). The judgments in the record are silent as to whether the sentences were ordered to run consecutively or concurrently.”
State of Tennessee v. Ralph Wilhoite, No. E2010-00352-CCA-R3-CD (Tenn. Crim. App. Apr. 26, 2011). “] Tenn. Code Ann. § 55-12-139 (b). -7- Taken in the light most favorable to the State, the evidence shows that the appellant was driving on Old Sevierville Pike and hit a tree and a mailbox.”
State of Tennessee v. John Ayres Hewitt, No. E2009-01314-CCA-R3-CD (Tenn. Crim. App. Nov. 29, 2010). “We observe from the record that the judgments of conviction reflect that the court sentenced Appellant to 6 months, to be served on probation, on count ten (failure to drive within a single lane of traffic in violation of Tennessee Code Annotated section 55-8-123) and count…”
State of Tennessee v. Lane Lee Coggins, No. E2013-01262-CCA-R3-CD (Tenn. Crim. App. Mar. 6, 2014).
Tenn. Code Ann. § 55-12-139(e): 1 case
Purkey v. Am. Home Assurance Co., 173 S.W.3d 703 (Tenn. 2005). “§ 55-12-139. Failure to comply can result in revocation of the motorist’s license and registration.”
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