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Policies and Procedures Manual

05:12:00 Traffic and Parking Regulations

Revision Responsibility: Vice President for Business & Finance
Responsible Executive Officer:

Source/Reference:		 Vice President for Business & Finance

TBR Policy 7.05.00.00

Purpose

To facilitate and regulate the safety and orderly operation of motor vehicles on TBR institution property or institution-controlled property and to provide parking facilities for their operation within the limits of available space.

Policy

Definitions

As used in this policy:

  • “Motor vehicle” means any self-propelled vehicle that is capable of exceeding twenty- five (25) miles per hour.
  • “Employee” means all faculty, executive, administrative, professional and support staff employed in the service of and whose compensation is paid by a TBR institution. “Employee” does not include independent contractors who provide goods or services to the institution or student workers as defined in TBR Policy 5.01.01.00.

Policy/Guideline

  1. Administration of Policy
  1. Institutions shall identify an administrative unit or administrator responsible for implementation and enforcement of this policy.
  2. Any person operating a motor vehicle on the property of a TBR institution or controlled by a TBR institution is required to obey this policy as a condition of parking or operating a motor vehicle on institution property or institution-controlled property.
  3. The issuance of a parking permit does not guarantee a parking space. The inability to locate a designated parking space does not diminish the responsibility to park in accordance with this policy.
  4. The absence of “no parking” signs or painted curbs/lines does not imply that parking is allowed. Parking in designated lots is restricted to designated spaces only. Motor vehicles parked outside of designated spaces are subject to citation and towing, and the owner/operator may be subject to disciplinary or administrative action.
  5. The institution shall have no responsibility for theft or damage to any motor vehicle or its contents operated or parked on institution property or institution-controlled property.
  6. This policy is enforceable seven (7) days a week, twenty-four (24) hours a day, including holidays and breaks.
  1. Registration and Parking Permits
  1. Institutions may require students, employees, and visitors to register motor vehicles and/or obtain parking permits in order to park on institution property or institution-controlled property.
  2. Reasonable costs/fees may be assessed in association with the motor vehicle registration or permit process.  Any fees or costs associated with registration of motor vehicles, together with appropriate information sufficient to justify the fee/cost amount, shall be submitted for review and approval by the Chancellor, and then the Board of Regents.
  3. Institutions choosing to utilize parking permits shall identify locations where parking permits are available for pickup and/or purchase by students, visitors, and/or employees. 
  4. Lost or stolen parking permits must be reported to the institution.
  5. If the institution utilizes parking permits, only motor vehicles properly displaying a parking permit, visitor pass, or those motor vehicles legally parked where no permit is required may be parked on institution property or institution-controlled property.
  6. Parking permit holders are only eligible for one (1) parking permit at a time. Permits may be moved from one motor vehicle to another. Parking permits may not be transferred from one person to another.
  1. Parking Zones
  1. Institutions shall clearly designate lots for which parking permits are required and the types of permits required for such lots.
  2. Persons utilizing disabled parking spaces must have a state-issued disability license plate or disability placard. All students, faculty, and staff who have a state-issued placard or license plate should be registered with the institution to ensure access to the appropriate disabled parking spaces on institution property or institution-controlled property.
  3. Motorcycles, motor bikes, and motor scooters must display a motorcycle permit (if issued by the institution) and are only permitted to park in parking spaces designated as “motorcycle parking” or in other regularly marked parking spaces. Operating these motor vehicles on any surface other than designated streets or parking areas is prohibited.

IV.  Motor Vehicle Operation

  1. Operators of motor vehicles on institution property or institution-controlled property, which includes city streets running through campus, must obey all traffic rules, regulations, postings, and directions of law enforcement, regardless of whether the rule, regulation, posting, or direction is included in these rules, and all applicable traffic rules, regulations, postings, or directions.
  2. Violations of posted speed limits, the reckless operation of a motor vehicle on institution property or institution-controlled property, including but not limited to, squealing tires or sliding the motor vehicle.
  3. All persons operating motor vehicles are responsible for maintaining proper control of the motor vehicle, safe operation, and observance of traffic control signs, barriers, and devices.
  4. Operating a motor vehicle in any area other than a street or a roadway intended for motor vehicles is prohibited.
  5. Pedestrians have the right of way at established pedestrian crossings, except where regulated by traffic control lights or police officers.
  6. Individuals riding bicycles must comply with all applicable traffic rules, regulations, postings, or directions.
  1. Violations.
  1. The following are non-exclusive examples of violations of these rules.
  1. Registration
  1. Unauthorized possession of a parking permit;
  2. Falsification of registration information; and
  3. Illegal use, unauthorized use, reproduction or alteration of a parking permit or temporary parking permit.
  1. Parking
  1. In a no parking zone;
  2. No permit or visitor pass where required;
  3. Improper display of permit or visitor pass;
  4. Parked outside of lines or appropriately marked parking space;
  5. In such a manner as to block or obstruct traffic, street, sidewalk, driveway, fire hydrant, building entrance or exit, or another motor vehicle;
  6. In a fire lane;
  7. Overtime in a metered space;
  8. Illegal entry/exit in an access-controlled or gated parking facility, which includes, but is not limited to, tailgating another motor vehicle;
  9. Non-operative vehicle parked on institution property or institution-controlled property for longer than seven (7) days without permission from the institution;
  10. Breaking the gate in an access-controlled gated parking facility; and
  11. Disability parking violation, as defined by State law (including, but not limited to, unauthorized use of a disabled parking space, ramp, plate, or placard; parking a motor vehicle so that a portion of the motor vehicle encroaches into a disabled 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 a disabled parking space). Fines for violating the disables parking laws cannot be suspended or waived where prohibited by T.C.A. § 55-21-108.
  1. Campus police officers may issue citations for violations of this policy, city or county ordinances, and/or state laws. Individuals who receive a citation for violations of city or county ordinances and/or state laws must appear in court on the court date listed on the citation or pay the citation fine if appearance in court is not required.
     
  2. Fines
  1. Fines may be set as determined by each institution but shall not exceed the greater of fifty dollars ($50.00) or the amount set by any state law, or any county or municipal ordinance in the institution’s jurisdiction for the same offense.  Provided, however, if a state statute requires that a fine be set at more than fifty dollars ($50.00), the institution shall set the fine in compliance with the statute.  Any such citation written as a violation of a city or county ordinance and/or state law will be resolved by a court; any such violation issued as an institutional citation shall not involve a fine of greater than fifty dollars ($50.00).
  2. Fine amounts must receive prior review and approval by the Chancellor and then the Board of Regents. Proposed fines shall be submitted to the Chancellor together with information sufficient to justify the fine. Fine amounts shall include consideration of state/county/municipal fines for the same offense, fines for the same offense at similarly situated institutions, association to enforcement costs at the institution, and/or the unique parking and traffic considerations at each institution.
  3. Once adopted or amended, all fines shall be affirmatively communicated to the faculty, staff, and students of the institution through its website.
  1. Enforcement
  1. An institution, without advance notice, may tow, boot, or remove to a place of storage at the owner’s expense any motor vehicle that is parked in a fire lane, designated disabled parking space, spaces reserved for designated motor vehicles, or motor vehicles parked in such a manner as to impede the flow of traffic or disrupt the orderly affairs of the institution.
  2. An institution may tow, boot, or remove to a place of storage at the owner’s expense any motor vehicle that has unpaid parking citations as long as advance notice and an opportunity to contest has been given. Windshield notices and/or other methods of notification will be used to provide the operator of the motor vehicle with advance notice of the intent to tow and the operator’s right to a contest.
  3. An institution may revoke parking privileges for repeated and/or deliberate parking or moving violations.
  4. Any student who receives $100.00 or more in traffic and/or parking violations on institution property or institution-controlled property during any semester may be subject to disciplinary action.
  5. Parking permits, if utilized, are issued to persons, not motor vehicles, and are required to be affixed to a motor vehicle. Permit holders are responsible for citations incurred with their permit. Persons will also be held liable for a violation incurred by a motor vehicle without a permit when that motor vehicle is reasonably shown to be associated with the person.
  6. Any student, employee, or visitor who has received an institution-issued citation may appeal the citation within fifteen (15) business days of the date of issuance. Citations issued by the institution and not appealed must be paid within fifteen (15) business days of the issuance date of the citation.
  1. Appeals
  1. Any student who has received an institution-issued citation may appeal the citation to the administrator or committee responsible for hearing student appeals within fifteen (15) days of the issuance date of the citation. Each institution shall provide instructions for appeals on its website. Appeals may be filed in person or online. All decisions by the administrator or committee responsible for student appeals are final.
  2. Any employee who has received an institution-issued citation may appeal the citation to the administrator or committee responsible for hearing employee appeals within fifteen (15) days of the issuance date of the citation. Each institution shall provide instructions for appeals on its website. Appeals may be filed in person or online. All decisions by the administrator or committee responsible for employee appeals are final.
  3. Any person not affiliated with the institution who has received an institution-issued citation may appeal the citation within fifteen (15) days of the issuance date of the citation. Each institution shall provide instructions on its website for appeals and the name of the administrator responsible for resolving appeals. Appeals may be filed in person or online. All decisions by the administrator responsible for appeals by unaffiliated individuals are final.

Sources Authority

T.C.A. § 49-8-203; All State and Federal Statutes, Acts, Codes, Rules and Regulations referenced in this policy.

09/98; 08/04; 01/12; 05/16; 08/21