Ark. Code Ann. § 27-50-1218 — AR Code / Title 27 / Chapter 50 / Subchapter 12 / Section 27-50-1218
Consumer complaint process
Status: in_force

(a) (1) When a consumer complaint against a towing company is filed with a law enforcement agency that administers a nonconsent written vehicle removal policy under § 27-50-1207(a)(1) against a towing company, the law enforcement agency shall submit the consumer complaint to the Arkansas Towing and Recovery Board within five (5) days of receipt of the complaint. (2) The written consumer complaint shall include: (A) The complainant's name and contact information; (B) The towing company involved in the dispute; (C) The nature of the consumer's complaint, including pertinent details that may show cause for filing a formal complaint against the towing company by the board; and (D) The contact information for the on-scene officer who initiated the nonconsent removal of the vehicle related to the consumer complaint. (b) To file a consumer complaint, the person shall have a vested interest in the vehicle, including without limitation the: (1) Owner of the towed vehicle or his or her agent; (2) Lienholder of the towed vehicle; or (3) Company that insures the towed vehicle. (c) (1) Upon receipt of the consumer complaint, the board shall resolve the consumer complaint within forty-five (45) calendar days after receiving the consumer complaint. (2) (A) The complainant shall respond to a request from the board for additional information relevant to the consumer complaint within ten (10) business days after receiving the request. (B) Failure to respond may result in the immediate dismissal of the complaint. (C) (i) A complainant may file a written request for an extension of time with the board. (ii) The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(2)(A) of this section. (iii) If the extension is granted, the board shall notify the towing company in writing of the extension. (iv) The board may extend the period for the resolution of a complaint when conditions warrant this action. (3) (A) The towing company shall respond to a request from the board for additional information relevant to the consumer complaint within ten (10) business days after receiving the request. (B) Failure to respond to a request by a towing company shall result in a daily fine of up to twenty-five dollars ($25.00) per day until the information requested is received by the board. (C) (i) The towing company may file a written request for an extension of time with the board. (ii) The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(3)(A) of this section. (iii) If the extension is granted, the board shall notify the towing company in writing of the extension. (iv) The board may extend the period for the resolution of a complaint when conditions warrant this action. (d) (1) Financial restitution to the complainant shall be considered as a part of the penalty by the board when a towing company or tow owner is found to have violated provisions of the rules promulgated by the board. (2) Only actual losses that have been incurred by the complainant may be paid as restitution. (3) A payment of financial restitution to the complainant shall be determined by the board. (4) Punitive damages shall not be paid to the complainant. (5) This section does not preclude the complainant's right to sue in a court of law as an alternative. Amended by Act 2019, No. 315,§ 3154, eff. 7/24/2019. Added by Act 2015, No. 1117,§ 1, eff. 7/22/2015.

(a) (1) When a consumer complaint against a towing company is filed with a law enforcement agency that administers a nonconsent written vehicle removal policy under § 27-50-1207(a)(1) against a towing company, the law enforcement agency shall submit the consumer complaint to the Arkansas Towing and Recovery Board within five (5) days of receipt of the complaint. (2) The written consumer complaint shall include: (A) The complainant's name and contact information; (B) The towing company involved in the dispute; (C) The nature of the consumer's complaint, including pertinent details that may show cause for filing a formal complaint against the towing company by the board; and (D) The contact information for the on-scene officer who initiated the nonconsent removal of the vehicle related to the consumer complaint.

(1) When a consumer complaint against a towing company is filed with a law enforcement agency that administers a nonconsent written vehicle removal policy under § 27-50-1207(a)(1) against a towing company, the law enforcement agency shall submit the consumer complaint to the Arkansas Towing and Recovery Board within five (5) days of receipt of the complaint.

(2) The written consumer complaint shall include: (A) The complainant's name and contact information; (B) The towing company involved in the dispute; (C) The nature of the consumer's complaint, including pertinent details that may show cause for filing a formal complaint against the towing company by the board; and (D) The contact information for the on-scene officer who initiated the nonconsent removal of the vehicle related to the consumer complaint.

(A) The complainant's name and contact information;

(B) The towing company involved in the dispute;

(C) The nature of the consumer's complaint, including pertinent details that may show cause for filing a formal complaint against the towing company by the board; and

(D) The contact information for the on-scene officer who initiated the nonconsent removal of the vehicle related to the consumer complaint.

(b) To file a consumer complaint, the person shall have a vested interest in the vehicle, including without limitation the: (1) Owner of the towed vehicle or his or her agent; (2) Lienholder of the towed vehicle; or (3) Company that insures the towed vehicle.

(1) Owner of the towed vehicle or his or her agent;

(2) Lienholder of the towed vehicle; or

(3) Company that insures the towed vehicle.

(c) (1) Upon receipt of the consumer complaint, the board shall resolve the consumer complaint within forty-five (45) calendar days after receiving the consumer complaint. (2) (A) The complainant shall respond to a request from the board for additional information relevant to the consumer complaint within ten (10) business days after receiving the request. (B) Failure to respond may result in the immediate dismissal of the complaint. (C) (i) A complainant may file a written request for an extension of time with the board. (ii) The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(2)(A) of this section. (iii) If the extension is granted, the board shall notify the towing company in writing of the extension. (iv) The board may extend the period for the resolution of a complaint when conditions warrant this action. (3) (A) The towing company shall respond to a request from the board for additional information relevant to the consumer complaint within ten (10) business days after receiving the request. (B) Failure to respond to a request by a towing company shall result in a daily fine of up to twenty-five dollars ($25.00) per day until the information requested is received by the board. (C) (i) The towing company may file a written request for an extension of time with the board. (ii) The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(3)(A) of this section. (iii) If the extension is granted, the board shall notify the towing company in writing of the extension. (iv) The board may extend the period for the resolution of a complaint when conditions warrant this action.

(1) Upon receipt of the consumer complaint, the board shall resolve the consumer complaint within forty-five (45) calendar days after receiving the consumer complaint.

(2) (A) The complainant shall respond to a request from the board for additional information relevant to the consumer complaint within ten (10) business days after receiving the request. (B) Failure to respond may result in the immediate dismissal of the complaint. (C) (i) A complainant may file a written request for an extension of time with the board. (ii) The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(2)(A) of this section. (iii) If the extension is granted, the board shall notify the towing company in writing of the extension. (iv) The board may extend the period for the resolution of a complaint when conditions warrant this action.

(A) The complainant shall respond to a request from the board for additional information relevant to the consumer complaint within ten (10) business days after receiving the request.

(B) Failure to respond may result in the immediate dismissal of the complaint.

(C) (i) A complainant may file a written request for an extension of time with the board. (ii) The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(2)(A) of this section. (iii) If the extension is granted, the board shall notify the towing company in writing of the extension. (iv) The board may extend the period for the resolution of a complaint when conditions warrant this action.

(i) A complainant may file a written request for an extension of time with the board.

(ii) The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(2)(A) of this section.

(iii) If the extension is granted, the board shall notify the towing company in writing of the extension.

(iv) The board may extend the period for the resolution of a complaint when conditions warrant this action.

(3) (A) The towing company shall respond to a request from the board for additional information relevant to the consumer complaint within ten (10) business days after receiving the request. (B) Failure to respond to a request by a towing company shall result in a daily fine of up to twenty-five dollars ($25.00) per day until the information requested is received by the board. (C) (i) The towing company may file a written request for an extension of time with the board. (ii) The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(3)(A) of this section. (iii) If the extension is granted, the board shall notify the towing company in writing of the extension. (iv) The board may extend the period for the resolution of a complaint when conditions warrant this action.

(A) The towing company shall respond to a request from the board for additional information relevant to the consumer complaint within ten (10) business days after receiving the request.

(B) Failure to respond to a request by a towing company shall result in a daily fine of up to twenty-five dollars ($25.00) per day until the information requested is received by the board.

(C) (i) The towing company may file a written request for an extension of time with the board. (ii) The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(3)(A) of this section. (iii) If the extension is granted, the board shall notify the towing company in writing of the extension. (iv) The board may extend the period for the resolution of a complaint when conditions warrant this action.

(i) The towing company may file a written request for an extension of time with the board.

(ii) The written request for an extension shall be submitted to the board office within the ten (10) days after receiving the request for additional information under subdivision (c)(3)(A) of this section.

(iii) If the extension is granted, the board shall notify the towing company in writing of the extension.

(iv) The board may extend the period for the resolution of a complaint when conditions warrant this action.

(d) (1) Financial restitution to the complainant shall be considered as a part of the penalty by the board when a towing company or tow owner is found to have violated provisions of the rules promulgated by the board. (2) Only actual losses that have been incurred by the complainant may be paid as restitution. (3) A payment of financial restitution to the complainant shall be determined by the board. (4) Punitive damages shall not be paid to the complainant. (5) This section does not preclude the complainant's right to sue in a court of law as an alternative.

(1) Financial restitution to the complainant shall be considered as a part of the penalty by the board when a towing company or tow owner is found to have violated provisions of the rules promulgated by the board.

(2) Only actual losses that have been incurred by the complainant may be paid as restitution.

(3) A payment of financial restitution to the complainant shall be determined by the board.

(4) Punitive damages shall not be paid to the complainant.

(5) This section does not preclude the complainant's right to sue in a court of law as an alternative.

Amended by Act 2019, No. 315,§ 3154, eff. 7/24/2019.

Added by Act 2015, No. 1117,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 27-14-1402 — AR Code / Title 27 / Chapter 14 / Subchapter 14 / Section 27-14-1402
Municipally franchised buses
Status: in_force

Where motor buses are operated on designated streets according to regular schedules, under franchise from any municipality in this state, the owners or operators of the motor buses shall pay to the state an annual motor vehicle and license fee of twenty dollars ($20.00) for each motor bus so operated. Acts 1939, No. 115, § 1; 1963, No. 548, § 1; 1979, No. 440, § 2; A.S.A. 1947, § 75-206.

Where motor buses are operated on designated streets according to regular schedules, under franchise from any municipality in this state, the owners or operators of the motor buses shall pay to the state an annual motor vehicle and license fee of twenty dollars ($20.00) for each motor bus so operated.

Acts 1939, No. 115, § 1; 1963, No. 548, § 1; 1979, No. 440, § 2; A.S.A. 1947, § 75-206.
Ark. Code Ann. § 27-50-902 — AR Code / Title 27 / Chapter 50 / Subchapter 9 / Section 27-50-902
Report from courts required
Status: in_force

(a) All courts in this state which have jurisdiction over such offenses shall report all final convictions to the Office of Driver Services utilizing the uniform traffic ticket as provided for under the provisions of §§ 27-50-501 and 27-50-504 [repealed]. (b) In compiling and maintaining a central driver record file, the Office of Driver Services shall ascertain to the best of its ability the authenticity of all final convictions reported to the Office of Driver Services by requiring that all final dispositions by the courts dealing with these matters be signed by an official of the court. Acts 1977, No. 465, §§ 1, 2; A.S.A. 1947, §§ 75-1057, 75-1057.1.

(a) All courts in this state which have jurisdiction over such offenses shall report all final convictions to the Office of Driver Services utilizing the uniform traffic ticket as provided for under the provisions of §§ 27-50-501 and 27-50-504 [repealed].

(b) In compiling and maintaining a central driver record file, the Office of Driver Services shall ascertain to the best of its ability the authenticity of all final convictions reported to the Office of Driver Services by requiring that all final dispositions by the courts dealing with these matters be signed by an official of the court.

Acts 1977, No. 465, §§ 1, 2; A.S.A. 1947, §§ 75-1057, 75-1057.1.
Ark. Code Ann. § 27-16-909 — AR Code / Title 27 / Chapter 16 / Subchapter 9 / Section 27-16-909
Suspension or revocation of license for inability to drive
Status: in_force

(a) (1) The Office of Driver Services, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, upon written notice of at least five (5) days to the licensee, require the licensee to submit to an initial evaluation by a hearing officer appointed by the Secretary of the Department of Finance and Administration in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary. (2) (A) Upon the conclusion of the initial evaluation, the hearing officer shall determine: (i) That the initial evaluation does not support the suspension or revocation of the license and that the license shall remain in effect; or (ii) That the driver must submit to a medical evaluation, a driving skills evaluation, or both a medical evaluation and a driving skills evaluation. (B) If the hearing officer determines that the driver must submit to a medical evaluation, driving skills evaluation, or both a medical evaluation and a driving skills evaluation, the driver shall provide proof of completion of the evaluation or evaluations to the hearing officer within thirty (30) days of the initial evaluation. (C) Refusal or neglect of the licensee to submit to, and provide proof of completion of, an evaluation required under this section is grounds for suspension or revocation of the licensee's license. (b) Upon receipt by the Office of Driver Services of evaluations required under subsection (a) of this section, the Office of Driver Services may suspend or revoke the license of the person or may permit the person to retain his or her license or may issue a license subject to restrictions as permitted under § 27-16-804 . (c) (1) The Office of Driver Services shall notify the licensee in writing of the suspension or revocation of the driver's license as authorized under this section. (2) Any licensee desiring a hearing shall notify the Office of Driver Services in writing within twenty (20) days after receipt of the notice of suspension or revocation. (3) (A) A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary for hearings under this section. (B) The hearing shall be in the office of the Revenue Division of the Department of Finance and Administration in the county of residence of the licensee unless the secretary and licensee agree to another location for the hearing or agree that the hearing shall be held by telephone conference call. (4) Based upon the evidence presented at the hearing, the hearing officer shall modify, rescind, or affirm the suspension or revocation of the license. (5) Hearings conducted by the Office of Driver Services under this section are not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) (1) The Office of Driver Services shall not reinstate the license of a person suspended under this section unless the driver demonstrates to the Office of Driver Services that the driver is competent to operate a motor vehicle. (2) The Office of Driver Services shall not grant an application for a new license to a driver whose license has been revoked under this section unless the driver demonstrates to the Office of Driver Services that the driver is competent to operate a motor vehicle. (e) The secretary may promulgate rules for the orderly and efficient administration of this section. Amended by Act 2019, No. 315,§ 3117, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4668, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4667, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4666, eff. 7/1/2019. Acts 1937, No. 280, § 25; Pope's Dig., § 6849; Acts 1959, No. 307, § 16; A.S.A. 1947, § 75-329; Acts 1993, No. 445, § 30; 2011, No. 194, § 6.

(a) (1) The Office of Driver Services, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, upon written notice of at least five (5) days to the licensee, require the licensee to submit to an initial evaluation by a hearing officer appointed by the Secretary of the Department of Finance and Administration in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary. (2) (A) Upon the conclusion of the initial evaluation, the hearing officer shall determine: (i) That the initial evaluation does not support the suspension or revocation of the license and that the license shall remain in effect; or (ii) That the driver must submit to a medical evaluation, a driving skills evaluation, or both a medical evaluation and a driving skills evaluation. (B) If the hearing officer determines that the driver must submit to a medical evaluation, driving skills evaluation, or both a medical evaluation and a driving skills evaluation, the driver shall provide proof of completion of the evaluation or evaluations to the hearing officer within thirty (30) days of the initial evaluation. (C) Refusal or neglect of the licensee to submit to, and provide proof of completion of, an evaluation required under this section is grounds for suspension or revocation of the licensee's license.

(1) The Office of Driver Services, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may, upon written notice of at least five (5) days to the licensee, require the licensee to submit to an initial evaluation by a hearing officer appointed by the Secretary of the Department of Finance and Administration in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary.

(2) (A) Upon the conclusion of the initial evaluation, the hearing officer shall determine: (i) That the initial evaluation does not support the suspension or revocation of the license and that the license shall remain in effect; or (ii) That the driver must submit to a medical evaluation, a driving skills evaluation, or both a medical evaluation and a driving skills evaluation. (B) If the hearing officer determines that the driver must submit to a medical evaluation, driving skills evaluation, or both a medical evaluation and a driving skills evaluation, the driver shall provide proof of completion of the evaluation or evaluations to the hearing officer within thirty (30) days of the initial evaluation. (C) Refusal or neglect of the licensee to submit to, and provide proof of completion of, an evaluation required under this section is grounds for suspension or revocation of the licensee's license.

(A) Upon the conclusion of the initial evaluation, the hearing officer shall determine: (i) That the initial evaluation does not support the suspension or revocation of the license and that the license shall remain in effect; or (ii) That the driver must submit to a medical evaluation, a driving skills evaluation, or both a medical evaluation and a driving skills evaluation.

(i) That the initial evaluation does not support the suspension or revocation of the license and that the license shall remain in effect; or

(ii) That the driver must submit to a medical evaluation, a driving skills evaluation, or both a medical evaluation and a driving skills evaluation.

(B) If the hearing officer determines that the driver must submit to a medical evaluation, driving skills evaluation, or both a medical evaluation and a driving skills evaluation, the driver shall provide proof of completion of the evaluation or evaluations to the hearing officer within thirty (30) days of the initial evaluation.

(C) Refusal or neglect of the licensee to submit to, and provide proof of completion of, an evaluation required under this section is grounds for suspension or revocation of the licensee's license.

(b) Upon receipt by the Office of Driver Services of evaluations required under subsection (a) of this section, the Office of Driver Services may suspend or revoke the license of the person or may permit the person to retain his or her license or may issue a license subject to restrictions as permitted under § 27-16-804 .

(c) (1) The Office of Driver Services shall notify the licensee in writing of the suspension or revocation of the driver's license as authorized under this section. (2) Any licensee desiring a hearing shall notify the Office of Driver Services in writing within twenty (20) days after receipt of the notice of suspension or revocation. (3) (A) A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary for hearings under this section. (B) The hearing shall be in the office of the Revenue Division of the Department of Finance and Administration in the county of residence of the licensee unless the secretary and licensee agree to another location for the hearing or agree that the hearing shall be held by telephone conference call. (4) Based upon the evidence presented at the hearing, the hearing officer shall modify, rescind, or affirm the suspension or revocation of the license. (5) Hearings conducted by the Office of Driver Services under this section are not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The Office of Driver Services shall notify the licensee in writing of the suspension or revocation of the driver's license as authorized under this section.

(2) Any licensee desiring a hearing shall notify the Office of Driver Services in writing within twenty (20) days after receipt of the notice of suspension or revocation.

(3) (A) A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary for hearings under this section. (B) The hearing shall be in the office of the Revenue Division of the Department of Finance and Administration in the county of residence of the licensee unless the secretary and licensee agree to another location for the hearing or agree that the hearing shall be held by telephone conference call.

(A) A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary for hearings under this section.

(B) The hearing shall be in the office of the Revenue Division of the Department of Finance and Administration in the county of residence of the licensee unless the secretary and licensee agree to another location for the hearing or agree that the hearing shall be held by telephone conference call.

(4) Based upon the evidence presented at the hearing, the hearing officer shall modify, rescind, or affirm the suspension or revocation of the license.

(5) Hearings conducted by the Office of Driver Services under this section are not subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) (1) The Office of Driver Services shall not reinstate the license of a person suspended under this section unless the driver demonstrates to the Office of Driver Services that the driver is competent to operate a motor vehicle. (2) The Office of Driver Services shall not grant an application for a new license to a driver whose license has been revoked under this section unless the driver demonstrates to the Office of Driver Services that the driver is competent to operate a motor vehicle.

(1) The Office of Driver Services shall not reinstate the license of a person suspended under this section unless the driver demonstrates to the Office of Driver Services that the driver is competent to operate a motor vehicle.

(2) The Office of Driver Services shall not grant an application for a new license to a driver whose license has been revoked under this section unless the driver demonstrates to the Office of Driver Services that the driver is competent to operate a motor vehicle.

(e) The secretary may promulgate rules for the orderly and efficient administration of this section.

Amended by Act 2019, No. 315,§ 3117, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4668, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4667, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4666, eff. 7/1/2019.

Acts 1937, No. 280, § 25; Pope's Dig., § 6849; Acts 1959, No. 307, § 16; A.S.A. 1947, § 75-329; Acts 1993, No. 445, § 30; 2011, No. 194, § 6.
Ark. Code Ann. § 27-50-605 — AR Code / Title 27 / Chapter 50 / Subchapter 6 / Section 27-50-605
Appearance by counsel
Status: in_force

A written promise to appear in court may be complied with by an appearance by counsel. Acts 1937, No. 300, § 156; Pope's Dig., § 6816; A.S.A. 1947, § 75-1009.

A written promise to appear in court may be complied with by an appearance by counsel.

Acts 1937, No. 300, § 156; Pope's Dig., § 6816; A.S.A. 1947, § 75-1009.
Ark. Code Ann. § 27-102-107 — AR Code / Title 27 / Chapter 102 / Section 27-102-107
Perishable property
Status: in_force

(a) When any raft or boat with produce therein shall be taken up, which raft or the cargo of the boat consists of articles that are usually taken to the states of Mississippi or Louisiana for sale and the owner does not apply for or make demand of the property within twenty (20) days, then the person taking up the property may apply to a justice of the peace of the county where the property was taken up. On showing that the property so taken up is of a perishable nature and is likely to be injured or become of less value by being kept, the justice may make an order authorizing the taker up of the property to sell the property at public auction on giving notice by advertisement, as the justice may direct, or the justice may authorize the taker up to ship the property to any market where he or she may deem it most likely he or she will effect a good sale of the property. (b) Before the sale shall be made or the property removed for shipment to another market, the taker up shall enter into bond to the State of Arkansas, with sufficient security to be approved of by the justice, in double the value of the property so taken up. This bond shall be conditioned that if the owner shall appear and establish his or her claim to the property within one (1) year from the time of taking up the property, the taker up will pay to the owner the value of the property, deducting his or her salvage or, when taken to a market, deducting his or her salvage and reasonable expenses. (c) The bond shall be filed by the justice in the office of the clerk of the county court of the county where the property was taken up for the use of the owner. (d) The justice shall give to the taker up a copy of the order of sale or shipment with a certificate that bond has been entered into by the person for the security of the owner. The copy of the order and certificate under the hand of the justice shall be a sufficient voucher for the taker up to authorize all acts of ownership over the property. Rev. Stat., ch. 134, §§ 9-12; C. & M. Dig., §§ 8741-8743; Pope's Dig., §§ 11434-11436; A.S.A. 1947, §§ 21-309 -- 21-312.

(a) When any raft or boat with produce therein shall be taken up, which raft or the cargo of the boat consists of articles that are usually taken to the states of Mississippi or Louisiana for sale and the owner does not apply for or make demand of the property within twenty (20) days, then the person taking up the property may apply to a justice of the peace of the county where the property was taken up. On showing that the property so taken up is of a perishable nature and is likely to be injured or become of less value by being kept, the justice may make an order authorizing the taker up of the property to sell the property at public auction on giving notice by advertisement, as the justice may direct, or the justice may authorize the taker up to ship the property to any market where he or she may deem it most likely he or she will effect a good sale of the property.

(b) Before the sale shall be made or the property removed for shipment to another market, the taker up shall enter into bond to the State of Arkansas, with sufficient security to be approved of by the justice, in double the value of the property so taken up. This bond shall be conditioned that if the owner shall appear and establish his or her claim to the property within one (1) year from the time of taking up the property, the taker up will pay to the owner the value of the property, deducting his or her salvage or, when taken to a market, deducting his or her salvage and reasonable expenses.

(c) The bond shall be filed by the justice in the office of the clerk of the county court of the county where the property was taken up for the use of the owner.

(d) The justice shall give to the taker up a copy of the order of sale or shipment with a certificate that bond has been entered into by the person for the security of the owner. The copy of the order and certificate under the hand of the justice shall be a sufficient voucher for the taker up to authorize all acts of ownership over the property.

Rev. Stat., ch. 134, §§ 9-12; C. & M. Dig., §§ 8741-8743; Pope's Dig., §§ 11434-11436; A.S.A. 1947, §§ 21-309 -- 21-312.
Ark. Code Ann. § 27-21-106 — AR Code / Title 27 / Chapter 21 / Section 27-21-106
Operation on public streets and highways unlawful - Exceptions - Definition
Status: in_force

(a) It is unlawful for a person to operate an all-terrain vehicle on a public street or highway of this state, even if the all-terrain vehicle otherwise meets the equipment standards of § 27-20-104 , except under the following conditions and circumstances: (1) A person may operate an all-terrain vehicle on a public street or highway if the all-terrain vehicle is: (A) Used in farming or hunting operations; and (B) Operated on a public street or highway in order to get from one field to another; (2) (A) An all-terrain vehicle may be operated on a public street or highway if: (i) The all-terrain vehicle needs to make a direct crossing of the street or highway to get from one area to another; and (ii) The all-terrain vehicle: (a) Comes to a complete stop before making the direct crossing; (b) Yields the right-of-way to all oncoming traffic that constitutes an immediate hazard; and (c) Crosses the street or highway at an angle of approximately ninety degrees (90°) to the direction of the street or highway. (B) (i) An all-terrain vehicle may cross a divided highway only at an intersection of the highway with another public street or highway. (ii) In crossings made between the hours from one-half (½) hour after sunset to one-half (½) hour before sunrise or in conditions of reduced visibility, the crossing may be made only with both front and rear lights turned on; (3) (A) A person who has lost one (1) or both legs above the ankle or who otherwise has a serious walking disability is permitted to operate a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle as a means of transportation on any of the following: (i) A nonhard-surfaced road; (ii) The shoulder of a state or federal highway, except as provided under subdivision (a)(3)(E) of this section; or (iii) A public street or road when traveling on the public street or road is the most reasonable route of access available to him or her from one off-road trail to another off-road trail or from his or her private property to an off-road trail. (B) An all-terrain vehicle used as provided under subdivision (a)(3)(A) of this section by a person who has a serious walking disability shall be equipped with a red flag at least six inches (6") wide and twelve inches (12") long on a pole or staff extending at least thirty-six inches (36") above the level of the seat. (C) For the purposes of this subdivision (a)(3), "serious walking disability" means any walking disability certified as serious by a licensed physician. (D) A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall carry on his or her person or on the all-terrain vehicle the physician's certificate certifying that the person has a serious walking disability. (E) A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall not operate the all-terrain vehicle on any part of the interstate highway system or on a fully controlled access highway; (4) (A) An on-duty law enforcement officer or a person performing an official law enforcement function may operate an all-terrain vehicle on a public street or highway. (B) A municipal on-duty firefighter or a person performing an official firefighting function may operate an all-terrain vehicle on a public street or highway. (C) An on-duty emergency medical technician or a person performing an official emergency medical technician function may operate an all-terrain vehicle on a public street or highway; (5) An employee or agent of a utility, telecommunications, or cable company may operate an all-terrain vehicle on a public street or highway while he or she is: (A) Performing a function directly related to the operation of the utility, telecommunications, or cable company; or (B) Working during a time of emergency or severe weather; and (6) An employee of the Department of Parks, Heritage, and Tourism may operate a department-owned all-terrain vehicle on a public street or highway to access contiguous areas of a state park in order to perform his or her duties as an employee of the department. (b) When two (2) or more all-terrain vehicles are operating together on a public street or highway as permitted under this chapter, each all-terrain vehicle shall operate in single file except while overtaking another all-terrain vehicle. The operator of an all-terrain vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left until safely clear of the overtaken vehicle. This subsection shall not prohibit an operator of an all-terrain vehicle from overtaking and passing upon the right another vehicle that is making or about to make a left turn if the overtaking and passing is accomplished in accordance with Arkansas law. Amended by Act 2023, No. 269,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 1048,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 69,§ 1, eff. 8/16/2013. Acts 1987, No. 804, § 3; 1987, No. 1029, §§ 1, 2; 2007, No. 305, § 10; 2009, No. 701, § 1; 2011, No. 13, § 1; 2011, No. 704, § 1.

(a) It is unlawful for a person to operate an all-terrain vehicle on a public street or highway of this state, even if the all-terrain vehicle otherwise meets the equipment standards of § 27-20-104 , except under the following conditions and circumstances: (1) A person may operate an all-terrain vehicle on a public street or highway if the all-terrain vehicle is: (A) Used in farming or hunting operations; and (B) Operated on a public street or highway in order to get from one field to another; (2) (A) An all-terrain vehicle may be operated on a public street or highway if: (i) The all-terrain vehicle needs to make a direct crossing of the street or highway to get from one area to another; and (ii) The all-terrain vehicle: (a) Comes to a complete stop before making the direct crossing; (b) Yields the right-of-way to all oncoming traffic that constitutes an immediate hazard; and (c) Crosses the street or highway at an angle of approximately ninety degrees (90°) to the direction of the street or highway. (B) (i) An all-terrain vehicle may cross a divided highway only at an intersection of the highway with another public street or highway. (ii) In crossings made between the hours from one-half (½) hour after sunset to one-half (½) hour before sunrise or in conditions of reduced visibility, the crossing may be made only with both front and rear lights turned on; (3) (A) A person who has lost one (1) or both legs above the ankle or who otherwise has a serious walking disability is permitted to operate a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle as a means of transportation on any of the following: (i) A nonhard-surfaced road; (ii) The shoulder of a state or federal highway, except as provided under subdivision (a)(3)(E) of this section; or (iii) A public street or road when traveling on the public street or road is the most reasonable route of access available to him or her from one off-road trail to another off-road trail or from his or her private property to an off-road trail. (B) An all-terrain vehicle used as provided under subdivision (a)(3)(A) of this section by a person who has a serious walking disability shall be equipped with a red flag at least six inches (6") wide and twelve inches (12") long on a pole or staff extending at least thirty-six inches (36") above the level of the seat. (C) For the purposes of this subdivision (a)(3), "serious walking disability" means any walking disability certified as serious by a licensed physician. (D) A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall carry on his or her person or on the all-terrain vehicle the physician's certificate certifying that the person has a serious walking disability. (E) A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall not operate the all-terrain vehicle on any part of the interstate highway system or on a fully controlled access highway; (4) (A) An on-duty law enforcement officer or a person performing an official law enforcement function may operate an all-terrain vehicle on a public street or highway. (B) A municipal on-duty firefighter or a person performing an official firefighting function may operate an all-terrain vehicle on a public street or highway. (C) An on-duty emergency medical technician or a person performing an official emergency medical technician function may operate an all-terrain vehicle on a public street or highway; (5) An employee or agent of a utility, telecommunications, or cable company may operate an all-terrain vehicle on a public street or highway while he or she is: (A) Performing a function directly related to the operation of the utility, telecommunications, or cable company; or (B) Working during a time of emergency or severe weather; and (6) An employee of the Department of Parks, Heritage, and Tourism may operate a department-owned all-terrain vehicle on a public street or highway to access contiguous areas of a state park in order to perform his or her duties as an employee of the department.

(1) A person may operate an all-terrain vehicle on a public street or highway if the all-terrain vehicle is: (A) Used in farming or hunting operations; and (B) Operated on a public street or highway in order to get from one field to another;

(A) Used in farming or hunting operations; and

(B) Operated on a public street or highway in order to get from one field to another;

(2) (A) An all-terrain vehicle may be operated on a public street or highway if: (i) The all-terrain vehicle needs to make a direct crossing of the street or highway to get from one area to another; and (ii) The all-terrain vehicle: (a) Comes to a complete stop before making the direct crossing; (b) Yields the right-of-way to all oncoming traffic that constitutes an immediate hazard; and (c) Crosses the street or highway at an angle of approximately ninety degrees (90°) to the direction of the street or highway. (B) (i) An all-terrain vehicle may cross a divided highway only at an intersection of the highway with another public street or highway. (ii) In crossings made between the hours from one-half (½) hour after sunset to one-half (½) hour before sunrise or in conditions of reduced visibility, the crossing may be made only with both front and rear lights turned on;

(A) An all-terrain vehicle may be operated on a public street or highway if: (i) The all-terrain vehicle needs to make a direct crossing of the street or highway to get from one area to another; and (ii) The all-terrain vehicle: (a) Comes to a complete stop before making the direct crossing; (b) Yields the right-of-way to all oncoming traffic that constitutes an immediate hazard; and (c) Crosses the street or highway at an angle of approximately ninety degrees (90°) to the direction of the street or highway.

(i) The all-terrain vehicle needs to make a direct crossing of the street or highway to get from one area to another; and

(ii) The all-terrain vehicle: (a) Comes to a complete stop before making the direct crossing; (b) Yields the right-of-way to all oncoming traffic that constitutes an immediate hazard; and (c) Crosses the street or highway at an angle of approximately ninety degrees (90°) to the direction of the street or highway.

(a) Comes to a complete stop before making the direct crossing;

(b) Yields the right-of-way to all oncoming traffic that constitutes an immediate hazard; and

(c) Crosses the street or highway at an angle of approximately ninety degrees (90°) to the direction of the street or highway.

(B) (i) An all-terrain vehicle may cross a divided highway only at an intersection of the highway with another public street or highway. (ii) In crossings made between the hours from one-half (½) hour after sunset to one-half (½) hour before sunrise or in conditions of reduced visibility, the crossing may be made only with both front and rear lights turned on;

(i) An all-terrain vehicle may cross a divided highway only at an intersection of the highway with another public street or highway.

(ii) In crossings made between the hours from one-half (½) hour after sunset to one-half (½) hour before sunrise or in conditions of reduced visibility, the crossing may be made only with both front and rear lights turned on;

(3) (A) A person who has lost one (1) or both legs above the ankle or who otherwise has a serious walking disability is permitted to operate a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle as a means of transportation on any of the following: (i) A nonhard-surfaced road; (ii) The shoulder of a state or federal highway, except as provided under subdivision (a)(3)(E) of this section; or (iii) A public street or road when traveling on the public street or road is the most reasonable route of access available to him or her from one off-road trail to another off-road trail or from his or her private property to an off-road trail. (B) An all-terrain vehicle used as provided under subdivision (a)(3)(A) of this section by a person who has a serious walking disability shall be equipped with a red flag at least six inches (6") wide and twelve inches (12") long on a pole or staff extending at least thirty-six inches (36") above the level of the seat. (C) For the purposes of this subdivision (a)(3), "serious walking disability" means any walking disability certified as serious by a licensed physician. (D) A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall carry on his or her person or on the all-terrain vehicle the physician's certificate certifying that the person has a serious walking disability. (E) A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall not operate the all-terrain vehicle on any part of the interstate highway system or on a fully controlled access highway;

(A) A person who has lost one (1) or both legs above the ankle or who otherwise has a serious walking disability is permitted to operate a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle as a means of transportation on any of the following: (i) A nonhard-surfaced road; (ii) The shoulder of a state or federal highway, except as provided under subdivision (a)(3)(E) of this section; or (iii) A public street or road when traveling on the public street or road is the most reasonable route of access available to him or her from one off-road trail to another off-road trail or from his or her private property to an off-road trail.

(i) A nonhard-surfaced road;

(ii) The shoulder of a state or federal highway, except as provided under subdivision (a)(3)(E) of this section; or

(iii) A public street or road when traveling on the public street or road is the most reasonable route of access available to him or her from one off-road trail to another off-road trail or from his or her private property to an off-road trail.

(B) An all-terrain vehicle used as provided under subdivision (a)(3)(A) of this section by a person who has a serious walking disability shall be equipped with a red flag at least six inches (6") wide and twelve inches (12") long on a pole or staff extending at least thirty-six inches (36") above the level of the seat.

(C) For the purposes of this subdivision (a)(3), "serious walking disability" means any walking disability certified as serious by a licensed physician.

(D) A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall carry on his or her person or on the all-terrain vehicle the physician's certificate certifying that the person has a serious walking disability.

(E) A person operating an all-terrain vehicle as provided under subdivision (a)(3)(A) of this section shall not operate the all-terrain vehicle on any part of the interstate highway system or on a fully controlled access highway;

(4) (A) An on-duty law enforcement officer or a person performing an official law enforcement function may operate an all-terrain vehicle on a public street or highway. (B) A municipal on-duty firefighter or a person performing an official firefighting function may operate an all-terrain vehicle on a public street or highway. (C) An on-duty emergency medical technician or a person performing an official emergency medical technician function may operate an all-terrain vehicle on a public street or highway;

(A) An on-duty law enforcement officer or a person performing an official law enforcement function may operate an all-terrain vehicle on a public street or highway.

(B) A municipal on-duty firefighter or a person performing an official firefighting function may operate an all-terrain vehicle on a public street or highway.

(C) An on-duty emergency medical technician or a person performing an official emergency medical technician function may operate an all-terrain vehicle on a public street or highway;

(5) An employee or agent of a utility, telecommunications, or cable company may operate an all-terrain vehicle on a public street or highway while he or she is: (A) Performing a function directly related to the operation of the utility, telecommunications, or cable company; or (B) Working during a time of emergency or severe weather; and

(A) Performing a function directly related to the operation of the utility, telecommunications, or cable company; or

(B) Working during a time of emergency or severe weather; and

(6) An employee of the Department of Parks, Heritage, and Tourism may operate a department-owned all-terrain vehicle on a public street or highway to access contiguous areas of a state park in order to perform his or her duties as an employee of the department.

(b) When two (2) or more all-terrain vehicles are operating together on a public street or highway as permitted under this chapter, each all-terrain vehicle shall operate in single file except while overtaking another all-terrain vehicle. The operator of an all-terrain vehicle overtaking another vehicle proceeding in the same direction shall pass at a safe distance to the left until safely clear of the overtaken vehicle. This subsection shall not prohibit an operator of an all-terrain vehicle from overtaking and passing upon the right another vehicle that is making or about to make a left turn if the overtaking and passing is accomplished in accordance with Arkansas law.

Amended by Act 2023, No. 269,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 1048,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 69,§ 1, eff. 8/16/2013.

Acts 1987, No. 804, § 3; 1987, No. 1029, §§ 1, 2; 2007, No. 305, § 10; 2009, No. 701, § 1; 2011, No. 13, § 1; 2011, No. 704, § 1.
Ark. Code Ann. § 27-19-402 — AR Code / Title 27 / Chapter 19 / Subchapter 4 / Section 27-19-402
Rules
Status: in_force

The Secretary of the Department of Finance and Administration may make rules necessary for the administration of this chapter. Amended by Act 2019, No. 315,§ 3119, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4686, eff. 7/1/2019. Acts 1953, No. 347, § 15; 1973, No. 46, § 1; A.S.A. 1947, § 75-1415.

The Secretary of the Department of Finance and Administration may make rules necessary for the administration of this chapter.

Amended by Act 2019, No. 315,§ 3119, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4686, eff. 7/1/2019.

Acts 1953, No. 347, § 15; 1973, No. 46, § 1; A.S.A. 1947, § 75-1415.
Ark. Code Ann. § 27-14-211 — AR Code / Title 27 / Chapter 14 / Subchapter 2 / Section 27-14-211
[Repealed]
Status: repealed

Repealed by Act 2017, No. 448,§ 3, eff. 8/1/2017. Acts 1949, No. 142, § 8; A.S.A. 1947, § 75-108.

Repealed by Act 2017, No. 448,§ 3, eff. 8/1/2017.

Acts 1949, No. 142, § 8; A.S.A. 1947, § 75-108.
Ark. Code Ann. § 27-51-603 — AR Code / Title 27 / Chapter 51 / Subchapter 6 / Section 27-51-603
Yield on entering highway from private road
Status: in_force

The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway. Acts 1937, No. 300, § 73; Pope's Dig., § 6731; A.S.A. 1947, § 75-624.

The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on the highway.

Acts 1937, No. 300, § 73; Pope's Dig., § 6731; A.S.A. 1947, § 75-624.
Ark. Code Ann. § 27-116-303 — AR Code / Title 27 / Chapter 116 / Subchapter 3 / Section 27-116-303
Liability for injury to persons or property
Status: in_force

(a) The owner and the pilot, or either of them, of every aircraft which is operated over the lands or waters of this state shall be liable for injuries or damage to persons or property on or above the land or water beneath caused by the ascent, descent, or flight of aircraft, or the dropping or falling of any object therefrom, in accordance with the rules of law applicable to torts on land in this state. (b) The liability of the owner or pilot of an aircraft carrying passengers for injury or death to his or her passengers shall be determined by the rules of law applicable to torts on the lands or waters of this state arising out of similar relationships. (c) (1) As used in subsection (a) of this section, "owner" shall include a person having full title to aircraft and operating it through servants and shall also include a bona fide lessee or bailee of the aircraft, whether gratuitously or for hire; but "owner", as used in subsection (a) of this section, shall not include a bona fide bailor or lessor of such aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of the aircraft, or other persons having a security title only, nor shall the owner of the aircraft be liable when the pilot thereof is in possession of the aircraft as a result of theft or felonious conversion. (2) The person in whose name an aircraft is registered with the Federal Aviation Administration shall be prima facie the owner of the aircraft within the meaning of subsection (a) of this section. Acts 1941, No. 457, §§ 10, 13; A.S.A. 1947, §§ 74-110, 74-113.

(a) The owner and the pilot, or either of them, of every aircraft which is operated over the lands or waters of this state shall be liable for injuries or damage to persons or property on or above the land or water beneath caused by the ascent, descent, or flight of aircraft, or the dropping or falling of any object therefrom, in accordance with the rules of law applicable to torts on land in this state.

(b) The liability of the owner or pilot of an aircraft carrying passengers for injury or death to his or her passengers shall be determined by the rules of law applicable to torts on the lands or waters of this state arising out of similar relationships.

(c) (1) As used in subsection (a) of this section, "owner" shall include a person having full title to aircraft and operating it through servants and shall also include a bona fide lessee or bailee of the aircraft, whether gratuitously or for hire; but "owner", as used in subsection (a) of this section, shall not include a bona fide bailor or lessor of such aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of the aircraft, or other persons having a security title only, nor shall the owner of the aircraft be liable when the pilot thereof is in possession of the aircraft as a result of theft or felonious conversion. (2) The person in whose name an aircraft is registered with the Federal Aviation Administration shall be prima facie the owner of the aircraft within the meaning of subsection (a) of this section.

(1) As used in subsection (a) of this section, "owner" shall include a person having full title to aircraft and operating it through servants and shall also include a bona fide lessee or bailee of the aircraft, whether gratuitously or for hire; but "owner", as used in subsection (a) of this section, shall not include a bona fide bailor or lessor of such aircraft, whether gratuitously or for hire, or a mortgagee, conditional seller, trustee for creditors of the aircraft, or other persons having a security title only, nor shall the owner of the aircraft be liable when the pilot thereof is in possession of the aircraft as a result of theft or felonious conversion.

(2) The person in whose name an aircraft is registered with the Federal Aviation Administration shall be prima facie the owner of the aircraft within the meaning of subsection (a) of this section.

Acts 1941, No. 457, §§ 10, 13; A.S.A. 1947, §§ 74-110, 74-113.
Ark. Code Ann. § 27-14-917 — AR Code / Title 27 / Chapter 14 / Subchapter 9 / Section 27-14-917
Time requirements for payment of lien or encumbrance - Definitions
Status: in_force

(a) As used in this section: (1) "Customer" means a person who trades in or otherwise provides a vehicle to a motor vehicle dealer for resale; (2) "Motor vehicle dealer" means a motor vehicle dealer as defined in § 23-112-103 or a used motor vehicle dealer as defined in § 23-112-103 ; and (3) "Subsequent purchaser" means a person who buys the vehicle that was provided to the motor vehicle dealer as a trade-in or for resale by the customer. (b) (1) If a motor vehicle dealer takes possession of a vehicle for purposes of resale and there is an outstanding lien or encumbrance on the vehicle, the motor vehicle dealer shall in good faith tender full payment on the outstanding lien or encumbrance within ten (10) business days after the motor vehicle dealer takes possession of the vehicle from the customer. (2) This time period may be shortened if the customer and the motor vehicle dealer agree to a shorter time period. (c) (1) If the motor vehicle dealer fails to act in good faith in tendering full payment for the outstanding lien or encumbrance within ten (10) business days or within the time period agreed to by the motor vehicle dealer and the customer under subdivision (b)(2) of this section, the customer shall have an absolute right to cancel the contract for sale between the customer and the motor vehicle dealer. (2) If the contract for sale is cancelled pursuant to subdivision (c)(1) of this section, the motor vehicle dealer shall be responsible for late fees, finance charges, or any financial penalty that is required to be made by the customer as part of the existing lien or encumbrance. (d) If the motor vehicle dealer sells the vehicle to a subsequent purchaser without first tendering full payment for the outstanding lien or encumbrance, the subsequent purchaser who buys the vehicle subject to the existing lien or encumbrance shall have an absolute right to cancel the contract for sale between the subsequent purchaser and the motor vehicle dealer. Acts 2009, No. 455, § 1.

(a) As used in this section: (1) "Customer" means a person who trades in or otherwise provides a vehicle to a motor vehicle dealer for resale; (2) "Motor vehicle dealer" means a motor vehicle dealer as defined in § 23-112-103 or a used motor vehicle dealer as defined in § 23-112-103 ; and (3) "Subsequent purchaser" means a person who buys the vehicle that was provided to the motor vehicle dealer as a trade-in or for resale by the customer.

(1) "Customer" means a person who trades in or otherwise provides a vehicle to a motor vehicle dealer for resale;

(2) "Motor vehicle dealer" means a motor vehicle dealer as defined in § 23-112-103 or a used motor vehicle dealer as defined in § 23-112-103 ; and

(3) "Subsequent purchaser" means a person who buys the vehicle that was provided to the motor vehicle dealer as a trade-in or for resale by the customer.

(b) (1) If a motor vehicle dealer takes possession of a vehicle for purposes of resale and there is an outstanding lien or encumbrance on the vehicle, the motor vehicle dealer shall in good faith tender full payment on the outstanding lien or encumbrance within ten (10) business days after the motor vehicle dealer takes possession of the vehicle from the customer. (2) This time period may be shortened if the customer and the motor vehicle dealer agree to a shorter time period.

(1) If a motor vehicle dealer takes possession of a vehicle for purposes of resale and there is an outstanding lien or encumbrance on the vehicle, the motor vehicle dealer shall in good faith tender full payment on the outstanding lien or encumbrance within ten (10) business days after the motor vehicle dealer takes possession of the vehicle from the customer.

(2) This time period may be shortened if the customer and the motor vehicle dealer agree to a shorter time period.

(c) (1) If the motor vehicle dealer fails to act in good faith in tendering full payment for the outstanding lien or encumbrance within ten (10) business days or within the time period agreed to by the motor vehicle dealer and the customer under subdivision (b)(2) of this section, the customer shall have an absolute right to cancel the contract for sale between the customer and the motor vehicle dealer. (2) If the contract for sale is cancelled pursuant to subdivision (c)(1) of this section, the motor vehicle dealer shall be responsible for late fees, finance charges, or any financial penalty that is required to be made by the customer as part of the existing lien or encumbrance.

(1) If the motor vehicle dealer fails to act in good faith in tendering full payment for the outstanding lien or encumbrance within ten (10) business days or within the time period agreed to by the motor vehicle dealer and the customer under subdivision (b)(2) of this section, the customer shall have an absolute right to cancel the contract for sale between the customer and the motor vehicle dealer.

(2) If the contract for sale is cancelled pursuant to subdivision (c)(1) of this section, the motor vehicle dealer shall be responsible for late fees, finance charges, or any financial penalty that is required to be made by the customer as part of the existing lien or encumbrance.

(d) If the motor vehicle dealer sells the vehicle to a subsequent purchaser without first tendering full payment for the outstanding lien or encumbrance, the subsequent purchaser who buys the vehicle subject to the existing lien or encumbrance shall have an absolute right to cancel the contract for sale between the subsequent purchaser and the motor vehicle dealer.

Acts 2009, No. 455, § 1.
Ark. Code Ann. § 27-23-114 — AR Code / Title 27 / Chapter 23 / Subchapter 1 / Section 27-23-114
Commercial motor vehicle driving offenses and penalties - Definitions
Status: in_force

(a) (1) It is unlawful and punishable as provided in this subchapter for any person who is intoxicated to operate or be in physical control of a commercial motor vehicle. The term "intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, at such measurable level so that the driver's reactions, motor skills, and judgment are substantially altered, and the driver therefore constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians. (2) It is unlawful and punishable as provided in this subchapter for any person to operate or be in actual physical control of a commercial motor vehicle if at the time there was four-hundredths of one percent (0.04%) or more by weight of alcohol in the person's blood as determined by a chemical test of the person's blood or breath or other body substances. For the purpose of this subchapter, there is no presumption, as there is found in § 5-65-206 , that a person is not under the influence of an intoxicating substance if the person's blood alcohol concentration is five-hundredths of one percent (0.05%) or less. (3) It shall be unlawful and punishable as provided in this subchapter for any person operating a commercial motor vehicle to leave the scene of an accident involving the commercial motor vehicle and resulting in any injury to or death of any person, in any damage to another vehicle, whether attended or unattended, or in any damage to any fixture legally upon the highway or adjacent to a highway. The person operating a commercial motor vehicle involved in any such accident shall be under a duty to stop his or her vehicle at the scene of the accident and render the same aid and give the same information as required by § 27-53-103 . (4) It shall be unlawful and punishable as provided in this subchapter for any person driving a commercial motor vehicle to use a commercial motor vehicle in the commission of a felony. (5) It shall be unlawful and punishable as provided in this subchapter for any person driving a commercial motor vehicle to refuse to submit to a chemical test to determine the person's blood alcohol concentration while driving a commercial motor vehicle. A person driving a commercial motor vehicle requested to submit to such a chemical test shall be warned by the law enforcement officer that a refusal to submit to the test will result in that person's being disqualified from driving a commercial motor vehicle. (b) Any person convicted of a violation of driving a commercial motor vehicle while intoxicated, driving a commercial motor vehicle while the person's blood alcohol concentration is four-hundredths of one percent (0.04%) or more, leaving the scene of an accident involving a commercial motor vehicle driven by the person, or using a commercial motor vehicle in the commission of any felony shall be deemed guilty of a Class B misdemeanor and shall be disqualified from driving a commercial motor vehicle as specified in § 27-23-112 . (c) (1) A law enforcement officer having reasonable cause to believe the person to have been driving a commercial motor vehicle while intoxicated or driving a commercial motor vehicle while the person's blood alcohol concentration was four-hundredths of one percent (0.04%) or more shall have the authority to administer or have administered a chemical test to determine the person's blood alcohol concentration. The chemical test authorized shall be identical to and under the same standards of the test given to persons under the Omnibus DWI or BWI Act, § 5-65-101 et seq. (2) (A) At the time of an arrest under subdivision (a)(1), subdivision (a)(2), or subdivision (a)(5) of this section, the law enforcement officer shall seize the driver's license of the arrested person as provided by § 5-65-402 , and the Office of Driver Services shall disqualify the driving privileges of the arrested person as provided by § 27-23-112 under the procedure in § 5-65-402 . (B) The arrested person shall have the same right to administrative and judicial review provided in § 5-65-402 . (d) (1) Every magistrate or judge of a court shall keep a record of every violation of this section presented to the court and shall keep a record of every official action taken by the court. (2) Within five (5) days after a person has been found guilty, or pleaded guilty or nolo contendere on a charge of violating any provision of this section, every magistrate of the court or clerk of the court shall prepare and immediately forward to the Office of Driver Services an abstract, which shall be certified as true and correct, of the record of the court covering the case where a person was found guilty, or pleaded guilty or nolo contendere. (3) The abstract shall be made on a form furnished by the Office of Driver Services and shall include all items that the Office of Driver Services shall determine as necessary. (e) Any violation of the offenses found in subsection (a) of this section and the penalties and suspensions imposed for those violations shall be cumulative and in addition to the penalties and suspensions for any other offense or violation under a similar Arkansas motor vehicle traffic or criminal law. (f) Upon determining that the driver has violated subdivision (a)(1) or subdivision (a)(2) of this section previously or has previously been convicted of violating § 5-65-103 or § 5-65-303 , the court shall order an assessment of the driver's degree of repeated alcohol abuse and shall order treatment for alcohol abuse as a condition of sentencing if appropriate. (g) Upon determining that the driver has violated subdivision (a)(1) or subdivision (a)(2) of this section previously or has previously been convicted of violating § 5-65-103 or § 5-65-303 , the court may order the driver to perform no less than thirty (30) days of community service in lieu of imprisonment for a second offense or no less than sixty (60) days of community service in lieu of imprisonment for a third or subsequent offense. (h) (1) (A) It is unlawful for a person to knowingly apply for or to obtain a commercial driver license through a fraudulent application or other illegal method. (B) It is unlawful to knowingly assist or permit any other person to apply for or to obtain a commercial driver license through a fraudulent application or other illegal method. (C) It is unlawful to knowingly enter false test scores or false information on any application for a commercial driver license. (2) (A) A person who violates this subsection is guilty of an unclassified offense and may be fined an amount not to exceed five thousand dollars ($5,000) or imprisoned up to one (1) year in jail, or both. (B) Any fine collected under this subsection shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Administration of Justice Funds Section for deposit into the Division of Arkansas State Police Fund. Amended by Act 2017, No. 463,§ 4, eff. 8/1/2017. Amended by Act 2015, No. 299,§ 35, eff. 7/22/2015. Acts 1989, No. 241, § 14; 1991, No. 643, § 2; 1999, No. 1077, §§ 5-7; 2003, No. 217, § 3; 2005, No. 76, § 2; 2005, No. 942, § 2.

(a) (1) It is unlawful and punishable as provided in this subchapter for any person who is intoxicated to operate or be in physical control of a commercial motor vehicle. The term "intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, at such measurable level so that the driver's reactions, motor skills, and judgment are substantially altered, and the driver therefore constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians. (2) It is unlawful and punishable as provided in this subchapter for any person to operate or be in actual physical control of a commercial motor vehicle if at the time there was four-hundredths of one percent (0.04%) or more by weight of alcohol in the person's blood as determined by a chemical test of the person's blood or breath or other body substances. For the purpose of this subchapter, there is no presumption, as there is found in § 5-65-206 , that a person is not under the influence of an intoxicating substance if the person's blood alcohol concentration is five-hundredths of one percent (0.05%) or less. (3) It shall be unlawful and punishable as provided in this subchapter for any person operating a commercial motor vehicle to leave the scene of an accident involving the commercial motor vehicle and resulting in any injury to or death of any person, in any damage to another vehicle, whether attended or unattended, or in any damage to any fixture legally upon the highway or adjacent to a highway. The person operating a commercial motor vehicle involved in any such accident shall be under a duty to stop his or her vehicle at the scene of the accident and render the same aid and give the same information as required by § 27-53-103 . (4) It shall be unlawful and punishable as provided in this subchapter for any person driving a commercial motor vehicle to use a commercial motor vehicle in the commission of a felony. (5) It shall be unlawful and punishable as provided in this subchapter for any person driving a commercial motor vehicle to refuse to submit to a chemical test to determine the person's blood alcohol concentration while driving a commercial motor vehicle. A person driving a commercial motor vehicle requested to submit to such a chemical test shall be warned by the law enforcement officer that a refusal to submit to the test will result in that person's being disqualified from driving a commercial motor vehicle.

(1) It is unlawful and punishable as provided in this subchapter for any person who is intoxicated to operate or be in physical control of a commercial motor vehicle. The term "intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant, or any combination thereof, at such measurable level so that the driver's reactions, motor skills, and judgment are substantially altered, and the driver therefore constitutes a clear and substantial danger of physical injury or death to himself and other motorists or pedestrians.

(2) It is unlawful and punishable as provided in this subchapter for any person to operate or be in actual physical control of a commercial motor vehicle if at the time there was four-hundredths of one percent (0.04%) or more by weight of alcohol in the person's blood as determined by a chemical test of the person's blood or breath or other body substances. For the purpose of this subchapter, there is no presumption, as there is found in § 5-65-206 , that a person is not under the influence of an intoxicating substance if the person's blood alcohol concentration is five-hundredths of one percent (0.05%) or less.

(3) It shall be unlawful and punishable as provided in this subchapter for any person operating a commercial motor vehicle to leave the scene of an accident involving the commercial motor vehicle and resulting in any injury to or death of any person, in any damage to another vehicle, whether attended or unattended, or in any damage to any fixture legally upon the highway or adjacent to a highway. The person operating a commercial motor vehicle involved in any such accident shall be under a duty to stop his or her vehicle at the scene of the accident and render the same aid and give the same information as required by § 27-53-103 .

(4) It shall be unlawful and punishable as provided in this subchapter for any person driving a commercial motor vehicle to use a commercial motor vehicle in the commission of a felony.

(5) It shall be unlawful and punishable as provided in this subchapter for any person driving a commercial motor vehicle to refuse to submit to a chemical test to determine the person's blood alcohol concentration while driving a commercial motor vehicle. A person driving a commercial motor vehicle requested to submit to such a chemical test shall be warned by the law enforcement officer that a refusal to submit to the test will result in that person's being disqualified from driving a commercial motor vehicle.

(b) Any person convicted of a violation of driving a commercial motor vehicle while intoxicated, driving a commercial motor vehicle while the person's blood alcohol concentration is four-hundredths of one percent (0.04%) or more, leaving the scene of an accident involving a commercial motor vehicle driven by the person, or using a commercial motor vehicle in the commission of any felony shall be deemed guilty of a Class B misdemeanor and shall be disqualified from driving a commercial motor vehicle as specified in § 27-23-112 .

(c) (1) A law enforcement officer having reasonable cause to believe the person to have been driving a commercial motor vehicle while intoxicated or driving a commercial motor vehicle while the person's blood alcohol concentration was four-hundredths of one percent (0.04%) or more shall have the authority to administer or have administered a chemical test to determine the person's blood alcohol concentration. The chemical test authorized shall be identical to and under the same standards of the test given to persons under the Omnibus DWI or BWI Act, § 5-65-101 et seq. (2) (A) At the time of an arrest under subdivision (a)(1), subdivision (a)(2), or subdivision (a)(5) of this section, the law enforcement officer shall seize the driver's license of the arrested person as provided by § 5-65-402 , and the Office of Driver Services shall disqualify the driving privileges of the arrested person as provided by § 27-23-112 under the procedure in § 5-65-402 . (B) The arrested person shall have the same right to administrative and judicial review provided in § 5-65-402 .

(1) A law enforcement officer having reasonable cause to believe the person to have been driving a commercial motor vehicle while intoxicated or driving a commercial motor vehicle while the person's blood alcohol concentration was four-hundredths of one percent (0.04%) or more shall have the authority to administer or have administered a chemical test to determine the person's blood alcohol concentration. The chemical test authorized shall be identical to and under the same standards of the test given to persons under the Omnibus DWI or BWI Act, § 5-65-101 et seq.

(2) (A) At the time of an arrest under subdivision (a)(1), subdivision (a)(2), or subdivision (a)(5) of this section, the law enforcement officer shall seize the driver's license of the arrested person as provided by § 5-65-402 , and the Office of Driver Services shall disqualify the driving privileges of the arrested person as provided by § 27-23-112 under the procedure in § 5-65-402 . (B) The arrested person shall have the same right to administrative and judicial review provided in § 5-65-402 .

(A) At the time of an arrest under subdivision (a)(1), subdivision (a)(2), or subdivision (a)(5) of this section, the law enforcement officer shall seize the driver's license of the arrested person as provided by § 5-65-402 , and the Office of Driver Services shall disqualify the driving privileges of the arrested person as provided by § 27-23-112 under the procedure in § 5-65-402 .

(B) The arrested person shall have the same right to administrative and judicial review provided in § 5-65-402 .

(d) (1) Every magistrate or judge of a court shall keep a record of every violation of this section presented to the court and shall keep a record of every official action taken by the court. (2) Within five (5) days after a person has been found guilty, or pleaded guilty or nolo contendere on a charge of violating any provision of this section, every magistrate of the court or clerk of the court shall prepare and immediately forward to the Office of Driver Services an abstract, which shall be certified as true and correct, of the record of the court covering the case where a person was found guilty, or pleaded guilty or nolo contendere. (3) The abstract shall be made on a form furnished by the Office of Driver Services and shall include all items that the Office of Driver Services shall determine as necessary.

(1) Every magistrate or judge of a court shall keep a record of every violation of this section presented to the court and shall keep a record of every official action taken by the court.

(2) Within five (5) days after a person has been found guilty, or pleaded guilty or nolo contendere on a charge of violating any provision of this section, every magistrate of the court or clerk of the court shall prepare and immediately forward to the Office of Driver Services an abstract, which shall be certified as true and correct, of the record of the court covering the case where a person was found guilty, or pleaded guilty or nolo contendere.

(3) The abstract shall be made on a form furnished by the Office of Driver Services and shall include all items that the Office of Driver Services shall determine as necessary.

(e) Any violation of the offenses found in subsection (a) of this section and the penalties and suspensions imposed for those violations shall be cumulative and in addition to the penalties and suspensions for any other offense or violation under a similar Arkansas motor vehicle traffic or criminal law.

(f) Upon determining that the driver has violated subdivision (a)(1) or subdivision (a)(2) of this section previously or has previously been convicted of violating § 5-65-103 or § 5-65-303 , the court shall order an assessment of the driver's degree of repeated alcohol abuse and shall order treatment for alcohol abuse as a condition of sentencing if appropriate.

(g) Upon determining that the driver has violated subdivision (a)(1) or subdivision (a)(2) of this section previously or has previously been convicted of violating § 5-65-103 or § 5-65-303 , the court may order the driver to perform no less than thirty (30) days of community service in lieu of imprisonment for a second offense or no less than sixty (60) days of community service in lieu of imprisonment for a third or subsequent offense.

(h) (1) (A) It is unlawful for a person to knowingly apply for or to obtain a commercial driver license through a fraudulent application or other illegal method. (B) It is unlawful to knowingly assist or permit any other person to apply for or to obtain a commercial driver license through a fraudulent application or other illegal method. (C) It is unlawful to knowingly enter false test scores or false information on any application for a commercial driver license. (2) (A) A person who violates this subsection is guilty of an unclassified offense and may be fined an amount not to exceed five thousand dollars ($5,000) or imprisoned up to one (1) year in jail, or both. (B) Any fine collected under this subsection shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Administration of Justice Funds Section for deposit into the Division of Arkansas State Police Fund.

(1) (A) It is unlawful for a person to knowingly apply for or to obtain a commercial driver license through a fraudulent application or other illegal method. (B) It is unlawful to knowingly assist or permit any other person to apply for or to obtain a commercial driver license through a fraudulent application or other illegal method. (C) It is unlawful to knowingly enter false test scores or false information on any application for a commercial driver license.

(A) It is unlawful for a person to knowingly apply for or to obtain a commercial driver license through a fraudulent application or other illegal method.

(B) It is unlawful to knowingly assist or permit any other person to apply for or to obtain a commercial driver license through a fraudulent application or other illegal method.

(C) It is unlawful to knowingly enter false test scores or false information on any application for a commercial driver license.

(2) (A) A person who violates this subsection is guilty of an unclassified offense and may be fined an amount not to exceed five thousand dollars ($5,000) or imprisoned up to one (1) year in jail, or both. (B) Any fine collected under this subsection shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Administration of Justice Funds Section for deposit into the Division of Arkansas State Police Fund.

(A) A person who violates this subsection is guilty of an unclassified offense and may be fined an amount not to exceed five thousand dollars ($5,000) or imprisoned up to one (1) year in jail, or both.

(B) Any fine collected under this subsection shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Administration of Justice Funds Section for deposit into the Division of Arkansas State Police Fund.

Amended by Act 2017, No. 463,§ 4, eff. 8/1/2017.

Amended by Act 2015, No. 299,§ 35, eff. 7/22/2015.

Acts 1989, No. 241, § 14; 1991, No. 643, § 2; 1999, No. 1077, §§ 5-7; 2003, No. 217, § 3; 2005, No. 76, § 2; 2005, No. 942, § 2.
Ark. Code Ann. § 27-16-801 — AR Code / Title 27 / Chapter 16 / Subchapter 8 / Section 27-16-801
[Effective Until 2/1/2025] Licenses generally - Validity periods - Contents - Fees - Disposition of moneys - Definitions
Status: in_force

(a) (1) (A) In a manner prescribed by the Secretary of the Department of Finance and Administration, the Office of Driver Services shall issue: (i) Except as provided in subdivision (a)(1)(B) of this section, a Class D license or a Class M license to each qualified applicant eighteen (18) or more years of age, for a period of eight (8) years, upon payment of twenty-four dollars ($24.00); (ii) An intermediate Class D license or an intermediate Class M license to each applicant between sixteen (16) and eighteen (18) years of age, for a period of up to two (2) years, upon payment of twelve dollars ($12.00); (iii) A learner's Class D license to each applicant between fourteen (14) and sixteen (16) years of age, for a period of up to two (2) years, upon payment of twelve dollars ($12.00); and (iv) A Class MD license to each qualified applicant, for a period of not more than two (2) years, upon payment of two dollars ($2.00). (B) A Class D license or a Class M license shall be issued for a period to be elected by the applicant of either four (4) years upon payment of twelve dollars ($12.00) or eight (8) years upon payment of twenty-four dollars ($24.00) to a qualified applicant who: (i) Is seventy (70) or more years of age; and (ii) Has an expired Class D license or Class M license. (2) (A) Each applicant for a Class D license, Class M license, or Class MD license under § 27-16-704 , § 27-16-807 , or § 27-20-108 shall pay an examination fee of five dollars ($5.00) for each written examination taken. (B) The examination fee shall be remitted in a manner prescribed by the secretary. (3) Each license shall include: (A) A distinguishing number assigned to the licensee; (B) (i) Except as provided under subdivisions (a)(3)(B)(ii) and (iii) of this section, the name, residence address, date of birth, and a brief description of the licensee. (ii) The following exceptions to providing a residence address and instead providing a post office box address shall be allowed at the option of the licensee: (a) If the licensee is a law enforcement officer; or (b) If the licensee is a victim of domestic violence or the dependent of a victim of domestic violence as provided under § 27-16-811 . (iii) If the licensee is an elected prosecuting attorney, a duly appointed deputy prosecuting attorney, or a public defender, he or she may use a post office box address or his or her office address instead of his or her residence address; and (C) A space upon which the licensee may affix his or her signature. (4) The licensee shall affix his or her signature in ink in the space provided, and no license shall be valid until it shall have been so signed by the licensee. (5) At the time of initial issuance or at the time of renewal of a license, the distinguishing number assigned to the licensee for his or her license shall be a nine-digit number assigned to the specific licensee by the secretary. (6) (A) The Office of Driver Services may offer an applicant with a valid Arkansas driver's license an additional option to view a digital copy of his or her driver's license on a mobile device or personal computer upon payment of ten dollars ($10.00). (B) The digital copy of the driver's license shall be available for view at any time until the expiration of the driver's license issued under subdivision (a)(1) of this section. (b) (1) (A) All licenses, as described in subsection (a) of this section, shall include a color photograph of the licensee, and the photograph shall be made a part of the license at the time of application. (B) (i) If the licensee is under eighteen (18) years of age at the time the license is issued, the license shall state that the licensee was under eighteen (18) years of age at the time of issuance. (ii) If the licensee is at least eighteen (18) years of age but under twenty-one (21) years of age at the time the license is issued, the license shall state that the licensee was under twenty-one (21) years of age at the time the license was issued. (2) (A) A license is valid without a photograph of the licensee when the secretary is advised that the requirement of the photograph is either objectionable on the grounds of the licensee's sincerely held religious belief that prohibits an individual from having his or her photograph taken or the licensee is unavailable to have the photograph made. (B) A license shall be issued without a photograph based on a licensee's sincerely held religious belief as authorized under subdivision (b)(2)(A) of this section if the: (i) Licensee is fifteen (15) years of age or older; and (ii) Licensee or his or her parent or guardian provides a completed Internal Revenue Service Form 4029 or signs an affidavit attesting to his or her sincerely held religious belief that prohibits an individual having his or her photograph taken. (C) (i) A license issued under subdivision (b)(2)(B) of this section is not valid for: (a) Federal identification purposes; or (b) Voter identification purposes. (ii) The license issued under subdivision (b)(2)(B) of this section shall clearly display on its face the phrase "Not valid for federal identification purposes or voter identification purposes". (3) (A) If a licensee has an illness that causes hair loss or is undergoing treatment for an illness that causes hair loss, the Office of Driver Services shall give the licensee the option to use the photograph from the most recent driver's license on file with the Office of Driver Services instead of having a new photograph taken if the licensee establishes that his or her hair loss is related to that illness or treatment. (B) To establish the relationship between the licensee's illness or treatment and the resulting hair loss, the licensee shall provide a statement from his or her treating physician. (C) This option can only be provided for one (1) renewal of the license to prevent obsolete photographs from being used. (c) (1) In addition to the license fee prescribed by subsection (a) of this section, the Office of Driver Services shall collect a penalty equal to fifty percent (50%) of the amount thereof from each driver, otherwise qualified, who shall operate a motor vehicle over the highways of this state without a valid license. (2) The penalty shall be in addition to any other penalty that may be prescribed by law. (d) (1) Except as provided in subdivision (d)(2) of this section, all license fees collected under subsection (a) of this section shall be cash funds restricted in their use and shall be deposited into a bank selected by the Division of Arkansas State Police to the credit of the Division of Arkansas State Police Financing Fund. (2) The fees collected under subdivision (a)(6)(A) of this section shall be deposited into the State Treasury to the credit of the State Central Services Fund as direct revenue to be used by the Revenue Division of the Department of Finance and Administration to defray the cost of administering a digital copy of a driver's license under subdivision (a)(6) of this section. (e) (1) The Office of Driver Services shall not charge an additional fee for the color photograph provided for in subsection (b) of this section for those applicants making a renewal application for the first time. (2) In addition to the regular license fee, a fee of two dollars ($2.00) shall be charged for all subsequent renewals. (3) All persons applying for an Arkansas license for the first time and all persons who are required to take the driver's written examination as provided for in this chapter shall be charged the additional fee of one dollar ($1.00). (4) (A) A person required to have his or her eyesight tested before initial licensing or upon subsequent license renewal as provided for in this chapter shall be charged an additional fee for a license validity period of either: (i) Four (4) years, in the amount of one dollar ($1.00); or (ii) Eight (8) years, in the amount of two dollars ($2.00). (B) An eyesight test for an applicant's subsequent license renewal shall be required every: (i) Eight (8) years if an applicant elects a license validity period of four (4) years; or (ii) Sixteen (16) years if a person elects a license validity period of eight (8) years. (5) Each learner's license and intermediate driver's license issued shall be distinctive from the regular driver's license issued to a person eighteen (18) years of age or older. (f) Moneys collected from the penalty fee provided in subsection (c) of this section and the fees provided in subsection (e) of this section shall be deposited into the State Treasury into the Constitutional Officers Fund and the State Central Services Fund, and the net amount shall be credited to the Department of Finance and Administration to be used to help defray the cost of the driver license program which shall be payable therefrom. (g) (1) In addition to the license fees imposed in subsections (a) and (e) of this section, a fee shall be charged for the issuance or renewal of a Class D, Class M, or Class MD license for a period of either: (A) Four (4) years, in the amount of six dollars ($6.00); or (B) Eight (8) years, in the amount of twelve dollars ($12.00). (2) The fees collected under this subsection shall be remitted to the State Treasury, there to be deposited as special revenues to the credit of the Division of Arkansas State Police Fund, to be used for the payment of health insurance premiums for uniformed employees of the Division of Arkansas State Police. (h) (1) As used in this subsection: (A) "Custody" means: (i) Being an inmate of the Division of Correction and housed in a facility operated by the Division of Correction; or (ii) Being an inmate of the Division of Community Correction and housed in a detention facility; and (B) "Eligible person" means a person who: (i) Is within one hundred eighty (180) days of release from custody; or (ii) Has been released from custody within the previous six (6) months. (2) (A) The Office of Driver Services shall issue an identification card to an eligible person who has previously been issued an: (i) Arkansas identification card; or (ii) Arkansas driver's license and the driving privileges of the eligible person are suspended or revoked. (B) The Office of Driver Services shall issue a driver's license to an eligible person who has previously been issued an Arkansas driver's license if the driving privileges of the eligible person are: (i) Not suspended or revoked; or (ii) Suspended or revoked solely as a result of an outstanding driver's license reinstatement fee imposed under the laws of this state. (3) The Division of Correction and the Division of Community Correction shall identify eligible persons to apply for a replacement or renewal driver's license or identification card. (4) Any fees for a replacement identification card under § 27-16-805 shall be waived for an eligible person. (5) If the Office of Driver Services issues a driver's license to an eligible person under subdivision (h)(2)(B)(ii) of this section, the Office of Driver Services shall waive the reinstatement fee. (i) The Office of Driver Services shall not charge a fee for the issuance of a driver's license under subsection (a) of this section or any other costs incidental to licensure under this section for an eligible applicant in foster care or a certified unaccompanied homeless youth under § 9-25-106 . Amended by Act 2023, No. 506,§ 4, eff. 8/1/2023. Amended by Act 2021, No. 257,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 257,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 1031,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 69,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4657, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4656, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4655, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4654, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4653, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4652, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4651, eff. 7/1/2019. Amended by Act 2017, No. 460,§ 1, eff. 11/13/2017. Amended by Act 2017, No. 460,§ 3, eff. 11/13/2017. Amended by Act 2017, No. 460,§ 2, eff. 11/13/2017. Amended by Act 2017, No. 976,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 557,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 557,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 448,§ 29, eff. 8/1/2017. Amended by Act 2017, No. 448,§ 28, eff. 8/1/2017. Amended by Act 2017, No. 448,§ 27, eff. 8/1/2017. Amended by Act 2015, No. 895,§ 46, eff. 1/1/2016. Amended by Act 2015, No. 343,§ 3, eff. 1/1/2016. Amended by Act 2015, No. 343,§ 2, eff. 1/1/2016. Amended by Act 2015, No. 343,§ 1, eff. 1/1/2016. Amended by Act 2015, No. 1289,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 397,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 856,§ 9, eff. 3/31/2015. Amended by Act 2015, No. 856,§ 8, eff. 3/31/2015. Acts 1937, No. 280, §§ 18, 21; Pope's Dig., § 6842; Acts 1939, No. 72, § 1; 1941, No. 370, § 1; 1947, No. 393, § 1; 1957, No. 24, § 1; 1965, No. 493, § 1; 1967, No. 338, § 1; 1969, No. 276, § 1; 1977, No. 311, § 1; A.S.A. 1947, §§ 75-320, 75-325; Acts 1987, No. 274, § 2; 1989, No. 8, § 2; 1989, No. 193, § 3; 1989, No. 241, § 25; 1991, No. 782, §§ 1, 2; 1993, No. 445, §§ 18, 19; 1993, No. 1168, § 1; 1997, No. 495, § 1; 1999, No. 1004, § 1; 2001, No. 1500, § 1; 2001, No. 1694, § 5; 2003, No. 836, § 2; 2005, No. 1233, § 2; 2007, No. 839, § 9; 2009, No. 483, § 2; 2009, No. 1486, § 1. This section is set out more than once due to postponed, multiple, or conflicting amendments.

(a) (1) (A) In a manner prescribed by the Secretary of the Department of Finance and Administration, the Office of Driver Services shall issue: (i) Except as provided in subdivision (a)(1)(B) of this section, a Class D license or a Class M license to each qualified applicant eighteen (18) or more years of age, for a period of eight (8) years, upon payment of twenty-four dollars ($24.00); (ii) An intermediate Class D license or an intermediate Class M license to each applicant between sixteen (16) and eighteen (18) years of age, for a period of up to two (2) years, upon payment of twelve dollars ($12.00); (iii) A learner's Class D license to each applicant between fourteen (14) and sixteen (16) years of age, for a period of up to two (2) years, upon payment of twelve dollars ($12.00); and (iv) A Class MD license to each qualified applicant, for a period of not more than two (2) years, upon payment of two dollars ($2.00). (B) A Class D license or a Class M license shall be issued for a period to be elected by the applicant of either four (4) years upon payment of twelve dollars ($12.00) or eight (8) years upon payment of twenty-four dollars ($24.00) to a qualified applicant who: (i) Is seventy (70) or more years of age; and (ii) Has an expired Class D license or Class M license. (2) (A) Each applicant for a Class D license, Class M license, or Class MD license under § 27-16-704 , § 27-16-807 , or § 27-20-108 shall pay an examination fee of five dollars ($5.00) for each written examination taken. (B) The examination fee shall be remitted in a manner prescribed by the secretary. (3) Each license shall include: (A) A distinguishing number assigned to the licensee; (B) (i) Except as provided under subdivisions (a)(3)(B)(ii) and (iii) of this section, the name, residence address, date of birth, and a brief description of the licensee. (ii) The following exceptions to providing a residence address and instead providing a post office box address shall be allowed at the option of the licensee: (a) If the licensee is a law enforcement officer; or (b) If the licensee is a victim of domestic violence or the dependent of a victim of domestic violence as provided under § 27-16-811 . (iii) If the licensee is an elected prosecuting attorney, a duly appointed deputy prosecuting attorney, or a public defender, he or she may use a post office box address or his or her office address instead of his or her residence address; and (C) A space upon which the licensee may affix his or her signature. (4) The licensee shall affix his or her signature in ink in the space provided, and no license shall be valid until it shall have been so signed by the licensee. (5) At the time of initial issuance or at the time of renewal of a license, the distinguishing number assigned to the licensee for his or her license shall be a nine-digit number assigned to the specific licensee by the secretary. (6) (A) The Office of Driver Services may offer an applicant with a valid Arkansas driver's license an additional option to view a digital copy of his or her driver's license on a mobile device or personal computer upon payment of ten dollars ($10.00). (B) The digital copy of the driver's license shall be available for view at any time until the expiration of the driver's license issued under subdivision (a)(1) of this section.

(1) (A) In a manner prescribed by the Secretary of the Department of Finance and Administration, the Office of Driver Services shall issue: (i) Except as provided in subdivision (a)(1)(B) of this section, a Class D license or a Class M license to each qualified applicant eighteen (18) or more years of age, for a period of eight (8) years, upon payment of twenty-four dollars ($24.00); (ii) An intermediate Class D license or an intermediate Class M license to each applicant between sixteen (16) and eighteen (18) years of age, for a period of up to two (2) years, upon payment of twelve dollars ($12.00); (iii) A learner's Class D license to each applicant between fourteen (14) and sixteen (16) years of age, for a period of up to two (2) years, upon payment of twelve dollars ($12.00); and (iv) A Class MD license to each qualified applicant, for a period of not more than two (2) years, upon payment of two dollars ($2.00). (B) A Class D license or a Class M license shall be issued for a period to be elected by the applicant of either four (4) years upon payment of twelve dollars ($12.00) or eight (8) years upon payment of twenty-four dollars ($24.00) to a qualified applicant who: (i) Is seventy (70) or more years of age; and (ii) Has an expired Class D license or Class M license.

(A) In a manner prescribed by the Secretary of the Department of Finance and Administration, the Office of Driver Services shall issue: (i) Except as provided in subdivision (a)(1)(B) of this section, a Class D license or a Class M license to each qualified applicant eighteen (18) or more years of age, for a period of eight (8) years, upon payment of twenty-four dollars ($24.00); (ii) An intermediate Class D license or an intermediate Class M license to each applicant between sixteen (16) and eighteen (18) years of age, for a period of up to two (2) years, upon payment of twelve dollars ($12.00); (iii) A learner's Class D license to each applicant between fourteen (14) and sixteen (16) years of age, for a period of up to two (2) years, upon payment of twelve dollars ($12.00); and (iv) A Class MD license to each qualified applicant, for a period of not more than two (2) years, upon payment of two dollars ($2.00).

(i) Except as provided in subdivision (a)(1)(B) of this section, a Class D license or a Class M license to each qualified applicant eighteen (18) or more years of age, for a period of eight (8) years, upon payment of twenty-four dollars ($24.00);

(ii) An intermediate Class D license or an intermediate Class M license to each applicant between sixteen (16) and eighteen (18) years of age, for a period of up to two (2) years, upon payment of twelve dollars ($12.00);

(iii) A learner's Class D license to each applicant between fourteen (14) and sixteen (16) years of age, for a period of up to two (2) years, upon payment of twelve dollars ($12.00); and

(iv) A Class MD license to each qualified applicant, for a period of not more than two (2) years, upon payment of two dollars ($2.00).

(B) A Class D license or a Class M license shall be issued for a period to be elected by the applicant of either four (4) years upon payment of twelve dollars ($12.00) or eight (8) years upon payment of twenty-four dollars ($24.00) to a qualified applicant who: (i) Is seventy (70) or more years of age; and (ii) Has an expired Class D license or Class M license.

(i) Is seventy (70) or more years of age; and

(ii) Has an expired Class D license or Class M license.

(2) (A) Each applicant for a Class D license, Class M license, or Class MD license under § 27-16-704 , § 27-16-807 , or § 27-20-108 shall pay an examination fee of five dollars ($5.00) for each written examination taken. (B) The examination fee shall be remitted in a manner prescribed by the secretary.

(A) Each applicant for a Class D license, Class M license, or Class MD license under § 27-16-704 , § 27-16-807 , or § 27-20-108 shall pay an examination fee of five dollars ($5.00) for each written examination taken.

(B) The examination fee shall be remitted in a manner prescribed by the secretary.

(3) Each license shall include: (A) A distinguishing number assigned to the licensee; (B) (i) Except as provided under subdivisions (a)(3)(B)(ii) and (iii) of this section, the name, residence address, date of birth, and a brief description of the licensee. (ii) The following exceptions to providing a residence address and instead providing a post office box address shall be allowed at the option of the licensee: (a) If the licensee is a law enforcement officer; or (b) If the licensee is a victim of domestic violence or the dependent of a victim of domestic violence as provided under § 27-16-811 . (iii) If the licensee is an elected prosecuting attorney, a duly appointed deputy prosecuting attorney, or a public defender, he or she may use a post office box address or his or her office address instead of his or her residence address; and (C) A space upon which the licensee may affix his or her signature.

(A) A distinguishing number assigned to the licensee;

(B) (i) Except as provided under subdivisions (a)(3)(B)(ii) and (iii) of this section, the name, residence address, date of birth, and a brief description of the licensee. (ii) The following exceptions to providing a residence address and instead providing a post office box address shall be allowed at the option of the licensee: (a) If the licensee is a law enforcement officer; or (b) If the licensee is a victim of domestic violence or the dependent of a victim of domestic violence as provided under § 27-16-811 . (iii) If the licensee is an elected prosecuting attorney, a duly appointed deputy prosecuting attorney, or a public defender, he or she may use a post office box address or his or her office address instead of his or her residence address; and

(i) Except as provided under subdivisions (a)(3)(B)(ii) and (iii) of this section, the name, residence address, date of birth, and a brief description of the licensee.

(ii) The following exceptions to providing a residence address and instead providing a post office box address shall be allowed at the option of the licensee: (a) If the licensee is a law enforcement officer; or (b) If the licensee is a victim of domestic violence or the dependent of a victim of domestic violence as provided under § 27-16-811 .

(a) If the licensee is a law enforcement officer; or

(b) If the licensee is a victim of domestic violence or the dependent of a victim of domestic violence as provided under § 27-16-811 .

(iii) If the licensee is an elected prosecuting attorney, a duly appointed deputy prosecuting attorney, or a public defender, he or she may use a post office box address or his or her office address instead of his or her residence address; and

(C) A space upon which the licensee may affix his or her signature.

(4) The licensee shall affix his or her signature in ink in the space provided, and no license shall be valid until it shall have been so signed by the licensee.

(5) At the time of initial issuance or at the time of renewal of a license, the distinguishing number assigned to the licensee for his or her license shall be a nine-digit number assigned to the specific licensee by the secretary.

(6) (A) The Office of Driver Services may offer an applicant with a valid Arkansas driver's license an additional option to view a digital copy of his or her driver's license on a mobile device or personal computer upon payment of ten dollars ($10.00). (B) The digital copy of the driver's license shall be available for view at any time until the expiration of the driver's license issued under subdivision (a)(1) of this section.

(A) The Office of Driver Services may offer an applicant with a valid Arkansas driver's license an additional option to view a digital copy of his or her driver's license on a mobile device or personal computer upon payment of ten dollars ($10.00).

(B) The digital copy of the driver's license shall be available for view at any time until the expiration of the driver's license issued under subdivision (a)(1) of this section.

(b) (1) (A) All licenses, as described in subsection (a) of this section, shall include a color photograph of the licensee, and the photograph shall be made a part of the license at the time of application. (B) (i) If the licensee is under eighteen (18) years of age at the time the license is issued, the license shall state that the licensee was under eighteen (18) years of age at the time of issuance. (ii) If the licensee is at least eighteen (18) years of age but under twenty-one (21) years of age at the time the license is issued, the license shall state that the licensee was under twenty-one (21) years of age at the time the license was issued. (2) (A) A license is valid without a photograph of the licensee when the secretary is advised that the requirement of the photograph is either objectionable on the grounds of the licensee's sincerely held religious belief that prohibits an individual from having his or her photograph taken or the licensee is unavailable to have the photograph made. (B) A license shall be issued without a photograph based on a licensee's sincerely held religious belief as authorized under subdivision (b)(2)(A) of this section if the: (i) Licensee is fifteen (15) years of age or older; and (ii) Licensee or his or her parent or guardian provides a completed Internal Revenue Service Form 4029 or signs an affidavit attesting to his or her sincerely held religious belief that prohibits an individual having his or her photograph taken. (C) (i) A license issued under subdivision (b)(2)(B) of this section is not valid for: (a) Federal identification purposes; or (b) Voter identification purposes. (ii) The license issued under subdivision (b)(2)(B) of this section shall clearly display on its face the phrase "Not valid for federal identification purposes or voter identification purposes". (3) (A) If a licensee has an illness that causes hair loss or is undergoing treatment for an illness that causes hair loss, the Office of Driver Services shall give the licensee the option to use the photograph from the most recent driver's license on file with the Office of Driver Services instead of having a new photograph taken if the licensee establishes that his or her hair loss is related to that illness or treatment. (B) To establish the relationship between the licensee's illness or treatment and the resulting hair loss, the licensee shall provide a statement from his or her treating physician. (C) This option can only be provided for one (1) renewal of the license to prevent obsolete photographs from being used.

(1) (A) All licenses, as described in subsection (a) of this section, shall include a color photograph of the licensee, and the photograph shall be made a part of the license at the time of application. (B) (i) If the licensee is under eighteen (18) years of age at the time the license is issued, the license shall state that the licensee was under eighteen (18) years of age at the time of issuance. (ii) If the licensee is at least eighteen (18) years of age but under twenty-one (21) years of age at the time the license is issued, the license shall state that the licensee was under twenty-one (21) years of age at the time the license was issued.

(A) All licenses, as described in subsection (a) of this section, shall include a color photograph of the licensee, and the photograph shall be made a part of the license at the time of application.

(B) (i) If the licensee is under eighteen (18) years of age at the time the license is issued, the license shall state that the licensee was under eighteen (18) years of age at the time of issuance. (ii) If the licensee is at least eighteen (18) years of age but under twenty-one (21) years of age at the time the license is issued, the license shall state that the licensee was under twenty-one (21) years of age at the time the license was issued.

(i) If the licensee is under eighteen (18) years of age at the time the license is issued, the license shall state that the licensee was under eighteen (18) years of age at the time of issuance.

(ii) If the licensee is at least eighteen (18) years of age but under twenty-one (21) years of age at the time the license is issued, the license shall state that the licensee was under twenty-one (21) years of age at the time the license was issued.

(2) (A) A license is valid without a photograph of the licensee when the secretary is advised that the requirement of the photograph is either objectionable on the grounds of the licensee's sincerely held religious belief that prohibits an individual from having his or her photograph taken or the licensee is unavailable to have the photograph made. (B) A license shall be issued without a photograph based on a licensee's sincerely held religious belief as authorized under subdivision (b)(2)(A) of this section if the: (i) Licensee is fifteen (15) years of age or older; and (ii) Licensee or his or her parent or guardian provides a completed Internal Revenue Service Form 4029 or signs an affidavit attesting to his or her sincerely held religious belief that prohibits an individual having his or her photograph taken. (C) (i) A license issued under subdivision (b)(2)(B) of this section is not valid for: (a) Federal identification purposes; or (b) Voter identification purposes. (ii) The license issued under subdivision (b)(2)(B) of this section shall clearly display on its face the phrase "Not valid for federal identification purposes or voter identification purposes".

(A) A license is valid without a photograph of the licensee when the secretary is advised that the requirement of the photograph is either objectionable on the grounds of the licensee's sincerely held religious belief that prohibits an individual from having his or her photograph taken or the licensee is unavailable to have the photograph made.

(B) A license shall be issued without a photograph based on a licensee's sincerely held religious belief as authorized under subdivision (b)(2)(A) of this section if the: (i) Licensee is fifteen (15) years of age or older; and (ii) Licensee or his or her parent or guardian provides a completed Internal Revenue Service Form 4029 or signs an affidavit attesting to his or her sincerely held religious belief that prohibits an individual having his or her photograph taken.

(i) Licensee is fifteen (15) years of age or older; and

(ii) Licensee or his or her parent or guardian provides a completed Internal Revenue Service Form 4029 or signs an affidavit attesting to his or her sincerely held religious belief that prohibits an individual having his or her photograph taken.

(C) (i) A license issued under subdivision (b)(2)(B) of this section is not valid for: (a) Federal identification purposes; or (b) Voter identification purposes. (ii) The license issued under subdivision (b)(2)(B) of this section shall clearly display on its face the phrase "Not valid for federal identification purposes or voter identification purposes".

(i) A license issued under subdivision (b)(2)(B) of this section is not valid for: (a) Federal identification purposes; or (b) Voter identification purposes.

(a) Federal identification purposes; or

(b) Voter identification purposes.

(ii) The license issued under subdivision (b)(2)(B) of this section shall clearly display on its face the phrase "Not valid for federal identification purposes or voter identification purposes".

(3) (A) If a licensee has an illness that causes hair loss or is undergoing treatment for an illness that causes hair loss, the Office of Driver Services shall give the licensee the option to use the photograph from the most recent driver's license on file with the Office of Driver Services instead of having a new photograph taken if the licensee establishes that his or her hair loss is related to that illness or treatment. (B) To establish the relationship between the licensee's illness or treatment and the resulting hair loss, the licensee shall provide a statement from his or her treating physician. (C) This option can only be provided for one (1) renewal of the license to prevent obsolete photographs from being used.

(A) If a licensee has an illness that causes hair loss or is undergoing treatment for an illness that causes hair loss, the Office of Driver Services shall give the licensee the option to use the photograph from the most recent driver's license on file with the Office of Driver Services instead of having a new photograph taken if the licensee establishes that his or her hair loss is related to that illness or treatment.

(B) To establish the relationship between the licensee's illness or treatment and the resulting hair loss, the licensee shall provide a statement from his or her treating physician.

(C) This option can only be provided for one (1) renewal of the license to prevent obsolete photographs from being used.

(c) (1) In addition to the license fee prescribed by subsection (a) of this section, the Office of Driver Services shall collect a penalty equal to fifty percent (50%) of the amount thereof from each driver, otherwise qualified, who shall operate a motor vehicle over the highways of this state without a valid license. (2) The penalty shall be in addition to any other penalty that may be prescribed by law.

(1) In addition to the license fee prescribed by subsection (a) of this section, the Office of Driver Services shall collect a penalty equal to fifty percent (50%) of the amount thereof from each driver, otherwise qualified, who shall operate a motor vehicle over the highways of this state without a valid license.

(2) The penalty shall be in addition to any other penalty that may be prescribed by law.

(d) (1) Except as provided in subdivision (d)(2) of this section, all license fees collected under subsection (a) of this section shall be cash funds restricted in their use and shall be deposited into a bank selected by the Division of Arkansas State Police to the credit of the Division of Arkansas State Police Financing Fund. (2) The fees collected under subdivision (a)(6)(A) of this section shall be deposited into the State Treasury to the credit of the State Central Services Fund as direct revenue to be used by the Revenue Division of the Department of Finance and Administration to defray the cost of administering a digital copy of a driver's license under subdivision (a)(6) of this section.

(1) Except as provided in subdivision (d)(2) of this section, all license fees collected under subsection (a) of this section shall be cash funds restricted in their use and shall be deposited into a bank selected by the Division of Arkansas State Police to the credit of the Division of Arkansas State Police Financing Fund.

(2) The fees collected under subdivision (a)(6)(A) of this section shall be deposited into the State Treasury to the credit of the State Central Services Fund as direct revenue to be used by the Revenue Division of the Department of Finance and Administration to defray the cost of administering a digital copy of a driver's license under subdivision (a)(6) of this section.

(e) (1) The Office of Driver Services shall not charge an additional fee for the color photograph provided for in subsection (b) of this section for those applicants making a renewal application for the first time. (2) In addition to the regular license fee, a fee of two dollars ($2.00) shall be charged for all subsequent renewals. (3) All persons applying for an Arkansas license for the first time and all persons who are required to take the driver's written examination as provided for in this chapter shall be charged the additional fee of one dollar ($1.00). (4) (A) A person required to have his or her eyesight tested before initial licensing or upon subsequent license renewal as provided for in this chapter shall be charged an additional fee for a license validity period of either: (i) Four (4) years, in the amount of one dollar ($1.00); or (ii) Eight (8) years, in the amount of two dollars ($2.00). (B) An eyesight test for an applicant's subsequent license renewal shall be required every: (i) Eight (8) years if an applicant elects a license validity period of four (4) years; or (ii) Sixteen (16) years if a person elects a license validity period of eight (8) years. (5) Each learner's license and intermediate driver's license issued shall be distinctive from the regular driver's license issued to a person eighteen (18) years of age or older.

(1) The Office of Driver Services shall not charge an additional fee for the color photograph provided for in subsection (b) of this section for those applicants making a renewal application for the first time.

(2) In addition to the regular license fee, a fee of two dollars ($2.00) shall be charged for all subsequent renewals.

(3) All persons applying for an Arkansas license for the first time and all persons who are required to take the driver's written examination as provided for in this chapter shall be charged the additional fee of one dollar ($1.00).

(4) (A) A person required to have his or her eyesight tested before initial licensing or upon subsequent license renewal as provided for in this chapter shall be charged an additional fee for a license validity period of either: (i) Four (4) years, in the amount of one dollar ($1.00); or (ii) Eight (8) years, in the amount of two dollars ($2.00). (B) An eyesight test for an applicant's subsequent license renewal shall be required every: (i) Eight (8) years if an applicant elects a license validity period of four (4) years; or (ii) Sixteen (16) years if a person elects a license validity period of eight (8) years.

(A) A person required to have his or her eyesight tested before initial licensing or upon subsequent license renewal as provided for in this chapter shall be charged an additional fee for a license validity period of either: (i) Four (4) years, in the amount of one dollar ($1.00); or (ii) Eight (8) years, in the amount of two dollars ($2.00).

(i) Four (4) years, in the amount of one dollar ($1.00); or

(ii) Eight (8) years, in the amount of two dollars ($2.00).

(B) An eyesight test for an applicant's subsequent license renewal shall be required every: (i) Eight (8) years if an applicant elects a license validity period of four (4) years; or (ii) Sixteen (16) years if a person elects a license validity period of eight (8) years.

(i) Eight (8) years if an applicant elects a license validity period of four (4) years; or

(ii) Sixteen (16) years if a person elects a license validity period of eight (8) years.

(5) Each learner's license and intermediate driver's license issued shall be distinctive from the regular driver's license issued to a person eighteen (18) years of age or older.

(f) Moneys collected from the penalty fee provided in subsection (c) of this section and the fees provided in subsection (e) of this section shall be deposited into the State Treasury into the Constitutional Officers Fund and the State Central Services Fund, and the net amount shall be credited to the Department of Finance and Administration to be used to help defray the cost of the driver license program which shall be payable therefrom.

(g) (1) In addition to the license fees imposed in subsections (a) and (e) of this section, a fee shall be charged for the issuance or renewal of a Class D, Class M, or Class MD license for a period of either: (A) Four (4) years, in the amount of six dollars ($6.00); or (B) Eight (8) years, in the amount of twelve dollars ($12.00). (2) The fees collected under this subsection shall be remitted to the State Treasury, there to be deposited as special revenues to the credit of the Division of Arkansas State Police Fund, to be used for the payment of health insurance premiums for uniformed employees of the Division of Arkansas State Police.

(1) In addition to the license fees imposed in subsections (a) and (e) of this section, a fee shall be charged for the issuance or renewal of a Class D, Class M, or Class MD license for a period of either: (A) Four (4) years, in the amount of six dollars ($6.00); or (B) Eight (8) years, in the amount of twelve dollars ($12.00).

(A) Four (4) years, in the amount of six dollars ($6.00); or

(B) Eight (8) years, in the amount of twelve dollars ($12.00).

(2) The fees collected under this subsection shall be remitted to the State Treasury, there to be deposited as special revenues to the credit of the Division of Arkansas State Police Fund, to be used for the payment of health insurance premiums for uniformed employees of the Division of Arkansas State Police.

(h) (1) As used in this subsection: (A) "Custody" means: (i) Being an inmate of the Division of Correction and housed in a facility operated by the Division of Correction; or (ii) Being an inmate of the Division of Community Correction and housed in a detention facility; and (B) "Eligible person" means a person who: (i) Is within one hundred eighty (180) days of release from custody; or (ii) Has been released from custody within the previous six (6) months. (2) (A) The Office of Driver Services shall issue an identification card to an eligible person who has previously been issued an: (i) Arkansas identification card; or (ii) Arkansas driver's license and the driving privileges of the eligible person are suspended or revoked. (B) The Office of Driver Services shall issue a driver's license to an eligible person who has previously been issued an Arkansas driver's license if the driving privileges of the eligible person are: (i) Not suspended or revoked; or (ii) Suspended or revoked solely as a result of an outstanding driver's license reinstatement fee imposed under the laws of this state. (3) The Division of Correction and the Division of Community Correction shall identify eligible persons to apply for a replacement or renewal driver's license or identification card. (4) Any fees for a replacement identification card under § 27-16-805 shall be waived for an eligible person. (5) If the Office of Driver Services issues a driver's license to an eligible person under subdivision (h)(2)(B)(ii) of this section, the Office of Driver Services shall waive the reinstatement fee.

(1) As used in this subsection: (A) "Custody" means: (i) Being an inmate of the Division of Correction and housed in a facility operated by the Division of Correction; or (ii) Being an inmate of the Division of Community Correction and housed in a detention facility; and (B) "Eligible person" means a person who: (i) Is within one hundred eighty (180) days of release from custody; or (ii) Has been released from custody within the previous six (6) months.

(A) "Custody" means: (i) Being an inmate of the Division of Correction and housed in a facility operated by the Division of Correction; or (ii) Being an inmate of the Division of Community Correction and housed in a detention facility; and

(i) Being an inmate of the Division of Correction and housed in a facility operated by the Division of Correction; or

(ii) Being an inmate of the Division of Community Correction and housed in a detention facility; and

(B) "Eligible person" means a person who: (i) Is within one hundred eighty (180) days of release from custody; or (ii) Has been released from custody within the previous six (6) months.

(i) Is within one hundred eighty (180) days of release from custody; or

(ii) Has been released from custody within the previous six (6) months.

(2) (A) The Office of Driver Services shall issue an identification card to an eligible person who has previously been issued an: (i) Arkansas identification card; or (ii) Arkansas driver's license and the driving privileges of the eligible person are suspended or revoked. (B) The Office of Driver Services shall issue a driver's license to an eligible person who has previously been issued an Arkansas driver's license if the driving privileges of the eligible person are: (i) Not suspended or revoked; or (ii) Suspended or revoked solely as a result of an outstanding driver's license reinstatement fee imposed under the laws of this state.

(A) The Office of Driver Services shall issue an identification card to an eligible person who has previously been issued an: (i) Arkansas identification card; or (ii) Arkansas driver's license and the driving privileges of the eligible person are suspended or revoked.

(i) Arkansas identification card; or

(ii) Arkansas driver's license and the driving privileges of the eligible person are suspended or revoked.

(B) The Office of Driver Services shall issue a driver's license to an eligible person who has previously been issued an Arkansas driver's license if the driving privileges of the eligible person are: (i) Not suspended or revoked; or (ii) Suspended or revoked solely as a result of an outstanding driver's license reinstatement fee imposed under the laws of this state.

(i) Not suspended or revoked; or

(ii) Suspended or revoked solely as a result of an outstanding driver's license reinstatement fee imposed under the laws of this state.

(3) The Division of Correction and the Division of Community Correction shall identify eligible persons to apply for a replacement or renewal driver's license or identification card.

(4) Any fees for a replacement identification card under § 27-16-805 shall be waived for an eligible person.

(5) If the Office of Driver Services issues a driver's license to an eligible person under subdivision (h)(2)(B)(ii) of this section, the Office of Driver Services shall waive the reinstatement fee.

(i) The Office of Driver Services shall not charge a fee for the issuance of a driver's license under subsection (a) of this section or any other costs incidental to licensure under this section for an eligible applicant in foster care or a certified unaccompanied homeless youth under § 9-25-106 .

Amended by Act 2023, No. 506,§ 4, eff. 8/1/2023.

Amended by Act 2021, No. 257,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 257,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 1031,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 69,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4657, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4656, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4655, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4654, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4653, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4652, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4651, eff. 7/1/2019.

Amended by Act 2017, No. 460,§ 1, eff. 11/13/2017.

Amended by Act 2017, No. 460,§ 3, eff. 11/13/2017.

Amended by Act 2017, No. 460,§ 2, eff. 11/13/2017.

Amended by Act 2017, No. 976,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 557,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 557,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 448,§ 29, eff. 8/1/2017.

Amended by Act 2017, No. 448,§ 28, eff. 8/1/2017.

Amended by Act 2017, No. 448,§ 27, eff. 8/1/2017.

Amended by Act 2015, No. 895,§ 46, eff. 1/1/2016.

Amended by Act 2015, No. 343,§ 3, eff. 1/1/2016.

Amended by Act 2015, No. 343,§ 2, eff. 1/1/2016.

Amended by Act 2015, No. 343,§ 1, eff. 1/1/2016.

Amended by Act 2015, No. 1289,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 397,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 856,§ 9, eff. 3/31/2015.

Amended by Act 2015, No. 856,§ 8, eff. 3/31/2015.

Acts 1937, No. 280, §§ 18, 21; Pope's Dig., § 6842; Acts 1939, No. 72, § 1; 1941, No. 370, § 1; 1947, No. 393, § 1; 1957, No. 24, § 1; 1965, No. 493, § 1; 1967, No. 338, § 1; 1969, No. 276, § 1; 1977, No. 311, § 1; A.S.A. 1947, §§ 75-320, 75-325; Acts 1987, No. 274, § 2; 1989, No. 8, § 2; 1989, No. 193, § 3; 1989, No. 241, § 25; 1991, No. 782, §§ 1, 2; 1993, No. 445, §§ 18, 19; 1993, No. 1168, § 1; 1997, No. 495, § 1; 1999, No. 1004, § 1; 2001, No. 1500, § 1; 2001, No. 1694, § 5; 2003, No. 836, § 2; 2005, No. 1233, § 2; 2007, No. 839, § 9; 2009, No. 483, § 2; 2009, No. 1486, § 1.

This section is set out more than once due to postponed, multiple, or conflicting amendments.
Ark. Code Ann. § 27-67-311 — AR Code / Title 27 / Chapter 67 / Subchapter 3 / Section 27-67-311
Condemnation petition - Notice
Status: in_force

(a) The State Highway Commission may exercise its power of eminent domain by filing an appropriate petition in condemnation in the circuit court of the county in which the property sought to be taken is situated, to have the compensation for right-of-way determined, giving the owner of the property to be taken at least ten (10) days' notice in writing of the time and place where the petition will be heard. (b) If the property sought to be condemned is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which the whole or part of the property may be located. The proceedings had in the circuit court will apply to all such property described in the petition. (c) (1) If the owner of the property sought to be taken is a nonresident of the state, notice shall be by publication in any newspaper in the county which is authorized by law to publish legal notices. This notice shall be published for the same length of time as may be required in other civil causes. (2) If there is no such newspaper published in the county, then publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or printed notice thereof posted on the door of the county courthouse. (d) The condemnation petition shall describe the lands and property sought to be acquired for state highway right-of-way purposes and shall be sworn to. (e) Where the immediate possession of lands and property is sought to be obtained, the Arkansas Department of Transportation may file a declaration of taking, as provided by § 27-67-312 , at any time before judgment or together with the condemnation petition. Amended by Act 2017, No. 707,§ 399, eff. 8/1/2017. Acts 1953, No. 419, § 2; A.S.A. 1947, § 76-533.

(a) The State Highway Commission may exercise its power of eminent domain by filing an appropriate petition in condemnation in the circuit court of the county in which the property sought to be taken is situated, to have the compensation for right-of-way determined, giving the owner of the property to be taken at least ten (10) days' notice in writing of the time and place where the petition will be heard.

(b) If the property sought to be condemned is located in more than one (1) county, the petition may be filed in any circuit court having jurisdiction in any county in which the whole or part of the property may be located. The proceedings had in the circuit court will apply to all such property described in the petition.

(c) (1) If the owner of the property sought to be taken is a nonresident of the state, notice shall be by publication in any newspaper in the county which is authorized by law to publish legal notices. This notice shall be published for the same length of time as may be required in other civil causes. (2) If there is no such newspaper published in the county, then publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or printed notice thereof posted on the door of the county courthouse.

(1) If the owner of the property sought to be taken is a nonresident of the state, notice shall be by publication in any newspaper in the county which is authorized by law to publish legal notices. This notice shall be published for the same length of time as may be required in other civil causes.

(2) If there is no such newspaper published in the county, then publication shall be made in a newspaper designated by the circuit clerk, and one (1) written or printed notice thereof posted on the door of the county courthouse.

(d) The condemnation petition shall describe the lands and property sought to be acquired for state highway right-of-way purposes and shall be sworn to.

(e) Where the immediate possession of lands and property is sought to be obtained, the Arkansas Department of Transportation may file a declaration of taking, as provided by § 27-67-312 , at any time before judgment or together with the condemnation petition.

Amended by Act 2017, No. 707,§ 399, eff. 8/1/2017.

Acts 1953, No. 419, § 2; A.S.A. 1947, § 76-533.
Ark. Code Ann. § 27-65-112 — AR Code / Title 27 / Chapter 65 / Section 27-65-112
Acceptance of federal aid
Status: in_force

(a) The State of Arkansas assents to the provisions of the Act of the United States Congress, approved July 11, 1916, 39 Stat. 1, 355, entitled "An Act to Provide That the United States Shall Aid the States in the Construction of Rural Post Roads, and for Other Purposes", and to the provisions of all acts amendatory thereof or supplemental thereto. (b) The State Highway Commission is authorized and empowered on behalf of the state to: (1) Cooperate with the United States Secretary of Agriculture in every way contemplated by the above act of the United States Congress or any acts of the United States Congress hereafter passed, in the construction and improvement of roads in Arkansas, and to select and designate, in the name of the state, a proper system of state highways for the expenditure of federal-aid apportionments; (2) Modify or revise the designation as required by proper federal authorities; (3) Make the necessary application for allotments of federal aid; (4) Submit all project statements, surveys, plans, specifications, estimates, and other reports or information required by the duly constituted federal authorities; and (5) Enter into all necessary contracts with the proper federal authorities in order to secure the full cooperation of the United States Government and the benefit of all present and future allotments in aid of highway construction. (c) The good faith of the state is pledged to maintain all roads in the state on which federal-aid funds have been or may hereafter be expended. (d) The Treasurer of State is designated as the proper authority of the State of Arkansas to receive any amount heretofore paid and not disbursed or hereafter paid by the United States Government for the construction or improvement of roads in Arkansas. (e) Any and all moneys so received shall be credited to the State Highway and Transportation Department Fund. Acts 1929, No. 65, § 22; Pope's Dig., § 6550; A.S.A. 1947, § 76-522.

(a) The State of Arkansas assents to the provisions of the Act of the United States Congress, approved July 11, 1916, 39 Stat. 1, 355, entitled "An Act to Provide That the United States Shall Aid the States in the Construction of Rural Post Roads, and for Other Purposes", and to the provisions of all acts amendatory thereof or supplemental thereto.

(b) The State Highway Commission is authorized and empowered on behalf of the state to: (1) Cooperate with the United States Secretary of Agriculture in every way contemplated by the above act of the United States Congress or any acts of the United States Congress hereafter passed, in the construction and improvement of roads in Arkansas, and to select and designate, in the name of the state, a proper system of state highways for the expenditure of federal-aid apportionments; (2) Modify or revise the designation as required by proper federal authorities; (3) Make the necessary application for allotments of federal aid; (4) Submit all project statements, surveys, plans, specifications, estimates, and other reports or information required by the duly constituted federal authorities; and (5) Enter into all necessary contracts with the proper federal authorities in order to secure the full cooperation of the United States Government and the benefit of all present and future allotments in aid of highway construction.

(1) Cooperate with the United States Secretary of Agriculture in every way contemplated by the above act of the United States Congress or any acts of the United States Congress hereafter passed, in the construction and improvement of roads in Arkansas, and to select and designate, in the name of the state, a proper system of state highways for the expenditure of federal-aid apportionments;

(2) Modify or revise the designation as required by proper federal authorities;

(3) Make the necessary application for allotments of federal aid;

(4) Submit all project statements, surveys, plans, specifications, estimates, and other reports or information required by the duly constituted federal authorities; and

(5) Enter into all necessary contracts with the proper federal authorities in order to secure the full cooperation of the United States Government and the benefit of all present and future allotments in aid of highway construction.

(c) The good faith of the state is pledged to maintain all roads in the state on which federal-aid funds have been or may hereafter be expended.

(d) The Treasurer of State is designated as the proper authority of the State of Arkansas to receive any amount heretofore paid and not disbursed or hereafter paid by the United States Government for the construction or improvement of roads in Arkansas.

(e) Any and all moneys so received shall be credited to the State Highway and Transportation Department Fund.

Acts 1929, No. 65, § 22; Pope's Dig., § 6550; A.S.A. 1947, § 76-522.
Ark. Code Ann. § 27-67-314 — AR Code / Title 27 / Chapter 67 / Subchapter 3 / Section 27-67-314
Right of entry
Status: in_force

(a) Upon the filing of the declaration of taking and the deposit with the clerk of the circuit court of the estimated compensation, the State of Arkansas shall thereupon have the right of entry and the parties in possession shall be required to surrender possession to the petitioner, upon such terms as shall be fixed by the court. (b) If, for any reason, the right of entry is postponed by the court in any case where the party in possession has withdrawn any part of the award, the court may fix a reasonable rental for the premises to be paid by the party to the State of Arkansas during such occupancy. (c) The court shall also have the power to direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensation, and to make such orders with respect to encumbrances, liens, rents, insurance, and other charges, as shall be just and equitable. (d) The right to take possession and title in advance of final judgment in condemnation proceedings as provided in §§ 27-67-312 - 27-67-315 , § 27-67-316(a) -(e), and §§ 27-67-317 - 27-67-319 shall be in addition to any right, power, or authority conferred by the laws of this state under which such proceedings may be conducted and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority. Acts 1953, No. 115, § 5; A.S.A. 1947, § 76-538.

(a) Upon the filing of the declaration of taking and the deposit with the clerk of the circuit court of the estimated compensation, the State of Arkansas shall thereupon have the right of entry and the parties in possession shall be required to surrender possession to the petitioner, upon such terms as shall be fixed by the court.

(b) If, for any reason, the right of entry is postponed by the court in any case where the party in possession has withdrawn any part of the award, the court may fix a reasonable rental for the premises to be paid by the party to the State of Arkansas during such occupancy.

(c) The court shall also have the power to direct the payment of delinquent taxes and special assessments out of the amount determined to be just compensation, and to make such orders with respect to encumbrances, liens, rents, insurance, and other charges, as shall be just and equitable.

(d) The right to take possession and title in advance of final judgment in condemnation proceedings as provided in §§ 27-67-312 - 27-67-315 , § 27-67-316(a) -(e), and §§ 27-67-317 - 27-67-319 shall be in addition to any right, power, or authority conferred by the laws of this state under which such proceedings may be conducted and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority.

Acts 1953, No. 115, § 5; A.S.A. 1947, § 76-538.
Ark. Code Ann. § 27-51-2002 — AR Code / Title 27 / Chapter 51 / Subchapter 20 / Section 27-51-2002
Operation of autonomous vehicle
Status: in_force

(a) An autonomous vehicle or a fully autonomous vehicle may be operated in this state under an autonomous vehicle program approved by the State Highway Commission. (b) An autonomous vehicle program shall include without limitation the following: (1) A statement of the commercial purpose of the autonomous vehicle program; (2) Proof that the autonomous vehicle program complies with the minimum liability insurance coverage requirements for a motor carrier of property under 49 C.F.R. § 387.9 as it existed on January 1, 2021; (3) A statement acknowledging that: (A) The autonomous vehicle or fully autonomous vehicle is capable of complying with all applicable traffic and motor vehicle safety laws of this state and rules adopted by the Office of Motor Vehicle, including without limitation the laws and rules concerning the capability to safely negotiate railroad crossings, if applicable; (B) The fully autonomous vehicle is capable of achieving a minimal risk condition if a failure of the automated driving system occurs that renders the automated driving system unable to perform the entire dynamic driving task; (C) The autonomous vehicle or fully autonomous vehicle meets Federal Motor Vehicle Safety Standards and Regulations, 49 C.F.R. Part 571, as it existed on January 1, 2021, for the vehicle's model year, except to the extent an exemption has been granted under applicable federal law, and all other applicable safety standards and performance requirements stated in state and federal law and rules adopted by the commission; and (D) The remote operator of a fully autonomous vehicle involved in a motor vehicle accident is capable of meeting the requirements of §§ 27-53-101 , 27-53-102 , and 27-53-105 ; and (4) A description of how a fully autonomous vehicle is capable of meeting the requirements of subdivision (b)(3)(D) of this section. (c) For the purposes of this subchapter, a person may operate a fully autonomous vehicle that is not equipped with: (1) Seat belts, unless transporting persons as required by § 27-37-701 et seq.; (2) A steering wheel; or (3) A rearview mirror. (d) An autonomous vehicle or fully autonomous vehicle shall be registered and titled as required under the Motor Vehicle Administration, Certificate of Title, and Antitheft Act, § 27-14-101 et seq. Amended by Act 2021, No. 619,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 1052,§ 1, eff. 4/16/2019. Added by Act 2019, No. 468,§ 1, eff. 3/14/2019.

(a) An autonomous vehicle or a fully autonomous vehicle may be operated in this state under an autonomous vehicle program approved by the State Highway Commission.

(b) An autonomous vehicle program shall include without limitation the following: (1) A statement of the commercial purpose of the autonomous vehicle program; (2) Proof that the autonomous vehicle program complies with the minimum liability insurance coverage requirements for a motor carrier of property under 49 C.F.R. § 387.9 as it existed on January 1, 2021; (3) A statement acknowledging that: (A) The autonomous vehicle or fully autonomous vehicle is capable of complying with all applicable traffic and motor vehicle safety laws of this state and rules adopted by the Office of Motor Vehicle, including without limitation the laws and rules concerning the capability to safely negotiate railroad crossings, if applicable; (B) The fully autonomous vehicle is capable of achieving a minimal risk condition if a failure of the automated driving system occurs that renders the automated driving system unable to perform the entire dynamic driving task; (C) The autonomous vehicle or fully autonomous vehicle meets Federal Motor Vehicle Safety Standards and Regulations, 49 C.F.R. Part 571, as it existed on January 1, 2021, for the vehicle's model year, except to the extent an exemption has been granted under applicable federal law, and all other applicable safety standards and performance requirements stated in state and federal law and rules adopted by the commission; and (D) The remote operator of a fully autonomous vehicle involved in a motor vehicle accident is capable of meeting the requirements of §§ 27-53-101 , 27-53-102 , and 27-53-105 ; and (4) A description of how a fully autonomous vehicle is capable of meeting the requirements of subdivision (b)(3)(D) of this section.

(1) A statement of the commercial purpose of the autonomous vehicle program;

(2) Proof that the autonomous vehicle program complies with the minimum liability insurance coverage requirements for a motor carrier of property under 49 C.F.R. § 387.9 as it existed on January 1, 2021;

(3) A statement acknowledging that: (A) The autonomous vehicle or fully autonomous vehicle is capable of complying with all applicable traffic and motor vehicle safety laws of this state and rules adopted by the Office of Motor Vehicle, including without limitation the laws and rules concerning the capability to safely negotiate railroad crossings, if applicable; (B) The fully autonomous vehicle is capable of achieving a minimal risk condition if a failure of the automated driving system occurs that renders the automated driving system unable to perform the entire dynamic driving task; (C) The autonomous vehicle or fully autonomous vehicle meets Federal Motor Vehicle Safety Standards and Regulations, 49 C.F.R. Part 571, as it existed on January 1, 2021, for the vehicle's model year, except to the extent an exemption has been granted under applicable federal law, and all other applicable safety standards and performance requirements stated in state and federal law and rules adopted by the commission; and (D) The remote operator of a fully autonomous vehicle involved in a motor vehicle accident is capable of meeting the requirements of §§ 27-53-101 , 27-53-102 , and 27-53-105 ; and

(A) The autonomous vehicle or fully autonomous vehicle is capable of complying with all applicable traffic and motor vehicle safety laws of this state and rules adopted by the Office of Motor Vehicle, including without limitation the laws and rules concerning the capability to safely negotiate railroad crossings, if applicable;

(B) The fully autonomous vehicle is capable of achieving a minimal risk condition if a failure of the automated driving system occurs that renders the automated driving system unable to perform the entire dynamic driving task;

(C) The autonomous vehicle or fully autonomous vehicle meets Federal Motor Vehicle Safety Standards and Regulations, 49 C.F.R. Part 571, as it existed on January 1, 2021, for the vehicle's model year, except to the extent an exemption has been granted under applicable federal law, and all other applicable safety standards and performance requirements stated in state and federal law and rules adopted by the commission; and

(D) The remote operator of a fully autonomous vehicle involved in a motor vehicle accident is capable of meeting the requirements of §§ 27-53-101 , 27-53-102 , and 27-53-105 ; and

(4) A description of how a fully autonomous vehicle is capable of meeting the requirements of subdivision (b)(3)(D) of this section.

(c) For the purposes of this subchapter, a person may operate a fully autonomous vehicle that is not equipped with: (1) Seat belts, unless transporting persons as required by § 27-37-701 et seq.; (2) A steering wheel; or (3) A rearview mirror.

(1) Seat belts, unless transporting persons as required by § 27-37-701 et seq.;

(2) A steering wheel; or

(3) A rearview mirror.

(d) An autonomous vehicle or fully autonomous vehicle shall be registered and titled as required under the Motor Vehicle Administration, Certificate of Title, and Antitheft Act, § 27-14-101 et seq.

Amended by Act 2021, No. 619,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 1052,§ 1, eff. 4/16/2019.

Added by Act 2019, No. 468,§ 1, eff. 3/14/2019.
Ark. Code Ann. § 27-24-212 — AR Code / Title 27 / Chapter 24 / Subchapter 2 / Section 27-24-212
Disabled veteran motorcycle license plates - Definitions
Status: in_force

(a) As used in this section: (1) "Disabled veteran" means a person who meets the definition of disabled veteran, disabled veteran - nonservice injury, or disabled veteran - World War I, under § 27-24-203 ; and (2) "Special motorcycle license plate" means a special license plate issued under this section for a motorcycle as defined under § 27-20-101 . (b) The Department of Finance and Administration shall issue a special motorcycle license plate under this section to an applicant who establishes upon initial application that he or she is a disabled veteran. (c) The department shall design the special license plate issued under this section consistent with § 27-24-209 . (d) (1) The special license plate created and issued under this section is free of charge to an eligible applicant. (2) To defray the cost of the issuance and renewal of a special license plate under this section, the department may charge an annual fee for renewal not to exceed one dollar ($1.00). (e) The registration of a special license plate under this section may continue from year to year if it is renewed each year within the time and manner required by law. Added by Act 2013, No. 473,§ 1, eff. 1/1/2014.

(a) As used in this section: (1) "Disabled veteran" means a person who meets the definition of disabled veteran, disabled veteran - nonservice injury, or disabled veteran - World War I, under § 27-24-203 ; and (2) "Special motorcycle license plate" means a special license plate issued under this section for a motorcycle as defined under § 27-20-101 .

(1) "Disabled veteran" means a person who meets the definition of disabled veteran, disabled veteran - nonservice injury, or disabled veteran - World War I, under § 27-24-203 ; and

(2) "Special motorcycle license plate" means a special license plate issued under this section for a motorcycle as defined under § 27-20-101 .

(b) The Department of Finance and Administration shall issue a special motorcycle license plate under this section to an applicant who establishes upon initial application that he or she is a disabled veteran.

(c) The department shall design the special license plate issued under this section consistent with § 27-24-209 .

(d) (1) The special license plate created and issued under this section is free of charge to an eligible applicant. (2) To defray the cost of the issuance and renewal of a special license plate under this section, the department may charge an annual fee for renewal not to exceed one dollar ($1.00).

(1) The special license plate created and issued under this section is free of charge to an eligible applicant.

(2) To defray the cost of the issuance and renewal of a special license plate under this section, the department may charge an annual fee for renewal not to exceed one dollar ($1.00).

(e) The registration of a special license plate under this section may continue from year to year if it is renewed each year within the time and manner required by law.

Added by Act 2013, No. 473,§ 1, eff. 1/1/2014.
Ark. Code Ann. § 27-50-1202 — AR Code / Title 27 / Chapter 50 / Subchapter 12 / Section 27-50-1202
Definitions
Status: in_force

As used in this subchapter: (1) "Abandoned vehicle" means a vehicle deemed to be an unattended vehicle as defined in this section: (A) As to which the owner has overtly manifested some intention not to retake possession; or (B) That remains unattended, whether in its first-found location or in another location to which it has been removed under this subchapter, for a period of thirty (30) days during which period the owner gives no evidence of an intent to retake possession; (2) (A) "Consent" means towing, storage, or recovery of a vehicle, which towing, storage, or recovery is done with the permission of the owner or other person in charge of the vehicle. (B) "Consent" does not include the repossession of a vehicle by the vehicle lienholder, agent, or other person working on behalf of the lienholder; (3) "Impounded or seized vehicle" means a vehicle subject to impounding or seizure by law enforcement under this Code, the Arkansas Rules of Criminal Procedure, a court order, or an ordinance; (4) "Nonconsent" means towing, storage, or recovery of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle as defined in this section or a disabled or inoperative vehicle without the express or implied permission of the vehicle owner, operator, agent, or person in charge of the vehicle; (5) "Owner" means, in the absence of conclusive evidence to the contrary, the person in whose name the vehicle is registered with the Office of Motor Vehicle or in whose name the vehicle is registered in another state; (6) "Owner preference" means the right of the owner, the owner's agent, or a competent occupant of a disabled or inoperative vehicle subject to nonconsent towing, storage, or recovery to request some responsible and reasonable person, gratuitous bailee, bailee for hire, or properly licensed or permitted tow facility chosen by the owner, the owner's agent, or a competent occupant of the vehicle, to take charge and care of the vehicle; (7) "Person" means an individual, partnership, corporation, association, or other entity; (8) "Public way" means a road, highway, or street over which the public may travel, including the traveled surface and a berm or shoulder of a road, highway, or street; (9) "Removal" means that a law enforcement officer may request a towing and storage firm that is licensed by the Arkansas Towing and Recovery Board to engage in nonconsent towing of vehicles to remove and store: (A) An unattended vehicle or abandoned vehicle under this subchapter; (B) A disabled or inoperative vehicle for which the owner or person in charge of the vehicle has waived his or her right to owner preference as defined in this section; (C) A vehicle in which the operator was apprehended by law enforcement officers; or (D) An impounded or seized vehicle; (10) "Repossession" means towing, storage, or recovery of a vehicle by the vehicle lienholder, agent, or other person working on behalf of the lienholder; (11) "Tow business" or "towing business" means a corporation or a business entity with an alternate DBA name, filed with the Secretary of State and regulated by the board to be used exclusively for the operation of a tow facility, vehicle immobilization company, or a storage facility, including without limitation a business that: (A) Dispatches tow vehicles for nonconsent towing or repossession; (B) Stores vehicles; and (C) Conducts business with the general public; (12) "Tow vehicle" means a motor vehicle or related equipment subject to registration in the State of Arkansas that is used to tow, recover, upright, transport, or otherwise facilitate the movement of vehicles on public highways; (13) "Unattended vehicle" means a vehicle that: (A) Is left on public property without the consent of an authority in charge of the property or on or near a public way without some person, gratuitous bailee, or bailee for hire in possession of the vehicle and that: (i) Is located within a distance of three feet (3') of the traveled surface of the public way; (ii) Is located on or near a public way at a distance of three feet (3') or more of the traveled surface of the public way for a period of twenty-four (24) hours or more; or (iii) Is not located on or near a public way but is left for a period of forty-eight (48) hours or more; (B) Does not remain in the custody of a responsible person following an accident where the operator has been removed to a hospital or is otherwise unable to make personal arrangements for the vehicle's care; (C) Was operated to a place of apprehension by law enforcement under police power and the operator was removed from the vehicle and taken into police custody; (D) Is located upon a public right of way and due to geographic location, traffic density, or climatic conditions is creating an immediate and substantial hazard to the motoring public, as determined by a law enforcement officer; or (E) Is disabled or inoperative and located on or near a public way or on a public right-of-way, and honoring the owner preference would create an immediate and substantial hazard to the motoring public, as determined by a law enforcement officer, due to: (i) Geographic location; (ii) Traffic density; or (iii) Climatic conditions; (14) "Vehicle" means a device by which persons or things may be transported upon a public highway and which is of the type subject to registration in Arkansas; (15) "Vehicle immobilization service" means a person operating or directing others to operate a wheel clamp; and (16) "Wheel clamp" means a device attached to a wheel of a vehicle that renders the vehicle immobile. Amended by Act 2021, No. 789,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 789,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 789,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 176,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 953,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 953,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1421,§ 3, eff. 8/16/2013. Acts 1993, No. 1000, § 2; 1997, No. 381, § 1; 1997, No. 392, § 1; 1999, No. 1279, § 4; 2001, No. 1830, §§ 1, 2; 2007, No. 1053, § 1; 2011, No. 1025, § 1.

As used in this subchapter:

(1) "Abandoned vehicle" means a vehicle deemed to be an unattended vehicle as defined in this section: (A) As to which the owner has overtly manifested some intention not to retake possession; or (B) That remains unattended, whether in its first-found location or in another location to which it has been removed under this subchapter, for a period of thirty (30) days during which period the owner gives no evidence of an intent to retake possession;

(A) As to which the owner has overtly manifested some intention not to retake possession; or

(B) That remains unattended, whether in its first-found location or in another location to which it has been removed under this subchapter, for a period of thirty (30) days during which period the owner gives no evidence of an intent to retake possession;

(2) (A) "Consent" means towing, storage, or recovery of a vehicle, which towing, storage, or recovery is done with the permission of the owner or other person in charge of the vehicle. (B) "Consent" does not include the repossession of a vehicle by the vehicle lienholder, agent, or other person working on behalf of the lienholder;

(A) "Consent" means towing, storage, or recovery of a vehicle, which towing, storage, or recovery is done with the permission of the owner or other person in charge of the vehicle.

(B) "Consent" does not include the repossession of a vehicle by the vehicle lienholder, agent, or other person working on behalf of the lienholder;

(3) "Impounded or seized vehicle" means a vehicle subject to impounding or seizure by law enforcement under this Code, the Arkansas Rules of Criminal Procedure, a court order, or an ordinance;

(4) "Nonconsent" means towing, storage, or recovery of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle as defined in this section or a disabled or inoperative vehicle without the express or implied permission of the vehicle owner, operator, agent, or person in charge of the vehicle;

(5) "Owner" means, in the absence of conclusive evidence to the contrary, the person in whose name the vehicle is registered with the Office of Motor Vehicle or in whose name the vehicle is registered in another state;

(6) "Owner preference" means the right of the owner, the owner's agent, or a competent occupant of a disabled or inoperative vehicle subject to nonconsent towing, storage, or recovery to request some responsible and reasonable person, gratuitous bailee, bailee for hire, or properly licensed or permitted tow facility chosen by the owner, the owner's agent, or a competent occupant of the vehicle, to take charge and care of the vehicle;

(7) "Person" means an individual, partnership, corporation, association, or other entity;

(8) "Public way" means a road, highway, or street over which the public may travel, including the traveled surface and a berm or shoulder of a road, highway, or street;

(9) "Removal" means that a law enforcement officer may request a towing and storage firm that is licensed by the Arkansas Towing and Recovery Board to engage in nonconsent towing of vehicles to remove and store: (A) An unattended vehicle or abandoned vehicle under this subchapter; (B) A disabled or inoperative vehicle for which the owner or person in charge of the vehicle has waived his or her right to owner preference as defined in this section; (C) A vehicle in which the operator was apprehended by law enforcement officers; or (D) An impounded or seized vehicle;

(A) An unattended vehicle or abandoned vehicle under this subchapter;

(B) A disabled or inoperative vehicle for which the owner or person in charge of the vehicle has waived his or her right to owner preference as defined in this section;

(C) A vehicle in which the operator was apprehended by law enforcement officers; or

(D) An impounded or seized vehicle;

(10) "Repossession" means towing, storage, or recovery of a vehicle by the vehicle lienholder, agent, or other person working on behalf of the lienholder;

(11) "Tow business" or "towing business" means a corporation or a business entity with an alternate DBA name, filed with the Secretary of State and regulated by the board to be used exclusively for the operation of a tow facility, vehicle immobilization company, or a storage facility, including without limitation a business that: (A) Dispatches tow vehicles for nonconsent towing or repossession; (B) Stores vehicles; and (C) Conducts business with the general public;

(A) Dispatches tow vehicles for nonconsent towing or repossession;

(B) Stores vehicles; and

(C) Conducts business with the general public;

(12) "Tow vehicle" means a motor vehicle or related equipment subject to registration in the State of Arkansas that is used to tow, recover, upright, transport, or otherwise facilitate the movement of vehicles on public highways;

(13) "Unattended vehicle" means a vehicle that: (A) Is left on public property without the consent of an authority in charge of the property or on or near a public way without some person, gratuitous bailee, or bailee for hire in possession of the vehicle and that: (i) Is located within a distance of three feet (3') of the traveled surface of the public way; (ii) Is located on or near a public way at a distance of three feet (3') or more of the traveled surface of the public way for a period of twenty-four (24) hours or more; or (iii) Is not located on or near a public way but is left for a period of forty-eight (48) hours or more; (B) Does not remain in the custody of a responsible person following an accident where the operator has been removed to a hospital or is otherwise unable to make personal arrangements for the vehicle's care; (C) Was operated to a place of apprehension by law enforcement under police power and the operator was removed from the vehicle and taken into police custody; (D) Is located upon a public right of way and due to geographic location, traffic density, or climatic conditions is creating an immediate and substantial hazard to the motoring public, as determined by a law enforcement officer; or (E) Is disabled or inoperative and located on or near a public way or on a public right-of-way, and honoring the owner preference would create an immediate and substantial hazard to the motoring public, as determined by a law enforcement officer, due to: (i) Geographic location; (ii) Traffic density; or (iii) Climatic conditions;

(A) Is left on public property without the consent of an authority in charge of the property or on or near a public way without some person, gratuitous bailee, or bailee for hire in possession of the vehicle and that: (i) Is located within a distance of three feet (3') of the traveled surface of the public way; (ii) Is located on or near a public way at a distance of three feet (3') or more of the traveled surface of the public way for a period of twenty-four (24) hours or more; or (iii) Is not located on or near a public way but is left for a period of forty-eight (48) hours or more;

(i) Is located within a distance of three feet (3') of the traveled surface of the public way;

(ii) Is located on or near a public way at a distance of three feet (3') or more of the traveled surface of the public way for a period of twenty-four (24) hours or more; or

(iii) Is not located on or near a public way but is left for a period of forty-eight (48) hours or more;

(B) Does not remain in the custody of a responsible person following an accident where the operator has been removed to a hospital or is otherwise unable to make personal arrangements for the vehicle's care;

(C) Was operated to a place of apprehension by law enforcement under police power and the operator was removed from the vehicle and taken into police custody;

(D) Is located upon a public right of way and due to geographic location, traffic density, or climatic conditions is creating an immediate and substantial hazard to the motoring public, as determined by a law enforcement officer; or

(E) Is disabled or inoperative and located on or near a public way or on a public right-of-way, and honoring the owner preference would create an immediate and substantial hazard to the motoring public, as determined by a law enforcement officer, due to: (i) Geographic location; (ii) Traffic density; or (iii) Climatic conditions;

(i) Geographic location;

(ii) Traffic density; or

(iii) Climatic conditions;

(14) "Vehicle" means a device by which persons or things may be transported upon a public highway and which is of the type subject to registration in Arkansas;

(15) "Vehicle immobilization service" means a person operating or directing others to operate a wheel clamp; and

(16) "Wheel clamp" means a device attached to a wheel of a vehicle that renders the vehicle immobile.

Amended by Act 2021, No. 789,§ 5, eff. 7/28/2021.

Amended by Act 2021, No. 789,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 789,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 176,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 953,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 953,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 1421,§ 3, eff. 8/16/2013.

Acts 1993, No. 1000, § 2; 1997, No. 381, § 1; 1997, No. 392, § 1; 1999, No. 1279, § 4; 2001, No. 1830, §§ 1, 2; 2007, No. 1053, § 1; 2011, No. 1025, § 1.