Ark. Code Ann. § 27-90-201 — AR Code / Title 27 / Chapter 90 / Subchapter 2 / Section 27-90-201
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Bonds", "turnpike revenue bonds", or "revenue bonds" means revenue bonds or notes of the State Highway Commission authorized under and issued under this subchapter; (2) "Commission" means the State Highway Commission; (3) (A) "Costs" or "project costs" means all direct and indirect costs incurred in connection with the acquisition of rights-of-way for and constructing and equipping turnpike projects, including, without limitation: (i) The cost of the acquisition of all lands, rights-of-way, property, rights, easements, and interests acquired by the commission; (ii) The cost of demolishing or removing buildings or structures on the land so acquired; (iii) The cost of acquiring any lands to which those buildings or structures may be moved; (iv) The cost of all machinery and equipment; (v) Financing charges, interest prior to and during construction and for a period after construction; (vi) The establishment of necessary funds and reserves; (vii) The cost of traffic estimates, engineering fees, legal fees, plans, specifications, surveys, and estimates of cost and revenues; (viii) Any other expenses or expenditures necessary or incidental to determining the feasibility or practicability of a turnpike project, administration expense; and (ix) Any other expense, cost, or expenditure necessary or incidental to the construction of a turnpike project, the finance of the construction, and the placement of the turnpike project into operation. (B) Any obligation, expense, or expenditure incurred or made by the commission or any other state agency or department for matters pertaining to a turnpike project, including, without limitation, feasibility studies, traffic surveys, borings, preparation of plans and specifications, engineering services, and any other expenses, costs, or expenditures of whatever nature that shall be regarded as part of the costs of a turnpike project and that may be reimbursed to the commission or other agency or department of the state out of the proceeds of revenue bonds or out of any other available funds of the commission; (4) "Debt service" means the amounts necessary for paying principal, interest, trustee's and paying agent's fees, rebate costs, and the amounts necessary to establish and maintain debt service reserves as provided in the authorizing resolution or trust indenture identified under this subchapter; (5) "Owner" means all individuals, partnerships, associations, corporations, or organizations having any title or interest in any property, rights, easements, and interest authorized to be acquired by and under the authority of this subchapter; (6) "Person" means any individual, partnership, corporation, or other entity recognized by law as having power to contract; (7) "Project" or "turnpike project" means any express highway or highway on or a part of the state highway system constructed, reconstructed, or rehabilitated under the provisions of this subchapter by the commission, including, without limitation, lands, rights-of-way, bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, administration buildings, storage buildings, other buildings, and facilities which the commission may deem necessary or desirable for the operation of a turnpike project, together with all property, rights, easements, rights-of-way, and interest that may be acquired by the commission for or in connection with the construction or operation of a turnpike project; and (8) "Revenues" or "turnpike project revenues" means, without limitation, all tolls, rentals, license and permit revenues, contractual receipts, gifts, grants, moneys, charges, and other funds, including federal aid highway funds, and property of whatever nature coming into the possession of or under the control of the commission by virtue of this subchapter, except the proceeds derived from the sale of revenue bonds issued under this subchapter. Acts 1995, No. 1232, § 1; 2003, No. 296, § 1.

As used in this subchapter, unless the context otherwise requires:

(1) "Bonds", "turnpike revenue bonds", or "revenue bonds" means revenue bonds or notes of the State Highway Commission authorized under and issued under this subchapter;

(2) "Commission" means the State Highway Commission;

(3) (A) "Costs" or "project costs" means all direct and indirect costs incurred in connection with the acquisition of rights-of-way for and constructing and equipping turnpike projects, including, without limitation: (i) The cost of the acquisition of all lands, rights-of-way, property, rights, easements, and interests acquired by the commission; (ii) The cost of demolishing or removing buildings or structures on the land so acquired; (iii) The cost of acquiring any lands to which those buildings or structures may be moved; (iv) The cost of all machinery and equipment; (v) Financing charges, interest prior to and during construction and for a period after construction; (vi) The establishment of necessary funds and reserves; (vii) The cost of traffic estimates, engineering fees, legal fees, plans, specifications, surveys, and estimates of cost and revenues; (viii) Any other expenses or expenditures necessary or incidental to determining the feasibility or practicability of a turnpike project, administration expense; and (ix) Any other expense, cost, or expenditure necessary or incidental to the construction of a turnpike project, the finance of the construction, and the placement of the turnpike project into operation. (B) Any obligation, expense, or expenditure incurred or made by the commission or any other state agency or department for matters pertaining to a turnpike project, including, without limitation, feasibility studies, traffic surveys, borings, preparation of plans and specifications, engineering services, and any other expenses, costs, or expenditures of whatever nature that shall be regarded as part of the costs of a turnpike project and that may be reimbursed to the commission or other agency or department of the state out of the proceeds of revenue bonds or out of any other available funds of the commission;

(A) "Costs" or "project costs" means all direct and indirect costs incurred in connection with the acquisition of rights-of-way for and constructing and equipping turnpike projects, including, without limitation: (i) The cost of the acquisition of all lands, rights-of-way, property, rights, easements, and interests acquired by the commission; (ii) The cost of demolishing or removing buildings or structures on the land so acquired; (iii) The cost of acquiring any lands to which those buildings or structures may be moved; (iv) The cost of all machinery and equipment; (v) Financing charges, interest prior to and during construction and for a period after construction; (vi) The establishment of necessary funds and reserves; (vii) The cost of traffic estimates, engineering fees, legal fees, plans, specifications, surveys, and estimates of cost and revenues; (viii) Any other expenses or expenditures necessary or incidental to determining the feasibility or practicability of a turnpike project, administration expense; and (ix) Any other expense, cost, or expenditure necessary or incidental to the construction of a turnpike project, the finance of the construction, and the placement of the turnpike project into operation.

(i) The cost of the acquisition of all lands, rights-of-way, property, rights, easements, and interests acquired by the commission;

(ii) The cost of demolishing or removing buildings or structures on the land so acquired;

(iii) The cost of acquiring any lands to which those buildings or structures may be moved;

(iv) The cost of all machinery and equipment;

(v) Financing charges, interest prior to and during construction and for a period after construction;

(vi) The establishment of necessary funds and reserves;

(vii) The cost of traffic estimates, engineering fees, legal fees, plans, specifications, surveys, and estimates of cost and revenues;

(viii) Any other expenses or expenditures necessary or incidental to determining the feasibility or practicability of a turnpike project, administration expense; and

(ix) Any other expense, cost, or expenditure necessary or incidental to the construction of a turnpike project, the finance of the construction, and the placement of the turnpike project into operation.

(B) Any obligation, expense, or expenditure incurred or made by the commission or any other state agency or department for matters pertaining to a turnpike project, including, without limitation, feasibility studies, traffic surveys, borings, preparation of plans and specifications, engineering services, and any other expenses, costs, or expenditures of whatever nature that shall be regarded as part of the costs of a turnpike project and that may be reimbursed to the commission or other agency or department of the state out of the proceeds of revenue bonds or out of any other available funds of the commission;

(4) "Debt service" means the amounts necessary for paying principal, interest, trustee's and paying agent's fees, rebate costs, and the amounts necessary to establish and maintain debt service reserves as provided in the authorizing resolution or trust indenture identified under this subchapter;

(5) "Owner" means all individuals, partnerships, associations, corporations, or organizations having any title or interest in any property, rights, easements, and interest authorized to be acquired by and under the authority of this subchapter;

(6) "Person" means any individual, partnership, corporation, or other entity recognized by law as having power to contract;

(7) "Project" or "turnpike project" means any express highway or highway on or a part of the state highway system constructed, reconstructed, or rehabilitated under the provisions of this subchapter by the commission, including, without limitation, lands, rights-of-way, bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, toll houses, administration buildings, storage buildings, other buildings, and facilities which the commission may deem necessary or desirable for the operation of a turnpike project, together with all property, rights, easements, rights-of-way, and interest that may be acquired by the commission for or in connection with the construction or operation of a turnpike project; and

(8) "Revenues" or "turnpike project revenues" means, without limitation, all tolls, rentals, license and permit revenues, contractual receipts, gifts, grants, moneys, charges, and other funds, including federal aid highway funds, and property of whatever nature coming into the possession of or under the control of the commission by virtue of this subchapter, except the proceeds derived from the sale of revenue bonds issued under this subchapter.

Acts 1995, No. 1232, § 1; 2003, No. 296, § 1.
Ark. Code Ann. § 27-14-805 — AR Code / Title 27 / Chapter 14 / Subchapter 8 / Section 27-14-805
Constructive notice
Status: in_force

(a) The filing and issuance of a new certificate of title as provided in this chapter shall constitute constructive notice of all liens and encumbrances against the vehicle described therein to creditors of the owner, subsequent purchasers, and encumbrancers, except those liens as may be authorized by law dependent upon possession. (b) (1) In the event the documents referred to in § 27-14-802 are received and filed in the Office of Motor Vehicle within thirty (30) days after the date the documents were executed, the lien is deemed to have been perfected on the date of the execution of the documents. (2) Otherwise, constructive notice shall date from the time of receipt and filing of the documents by the Office of Motor Vehicle as shown by its endorsement thereon. Acts 1981, No. 326, § 1; A.S.A. 1947, § 75-161; Acts 1991, No. 579, § 1.

(a) The filing and issuance of a new certificate of title as provided in this chapter shall constitute constructive notice of all liens and encumbrances against the vehicle described therein to creditors of the owner, subsequent purchasers, and encumbrancers, except those liens as may be authorized by law dependent upon possession.

(b) (1) In the event the documents referred to in § 27-14-802 are received and filed in the Office of Motor Vehicle within thirty (30) days after the date the documents were executed, the lien is deemed to have been perfected on the date of the execution of the documents. (2) Otherwise, constructive notice shall date from the time of receipt and filing of the documents by the Office of Motor Vehicle as shown by its endorsement thereon.

(1) In the event the documents referred to in § 27-14-802 are received and filed in the Office of Motor Vehicle within thirty (30) days after the date the documents were executed, the lien is deemed to have been perfected on the date of the execution of the documents.

(2) Otherwise, constructive notice shall date from the time of receipt and filing of the documents by the Office of Motor Vehicle as shown by its endorsement thereon.

Acts 1981, No. 326, § 1; A.S.A. 1947, § 75-161; Acts 1991, No. 579, § 1.
Ark. Code Ann. § 27-19-401 — AR Code / Title 27 / Chapter 19 / Subchapter 4 / Section 27-19-401
Responsibility
Status: in_force

The Secretary of the Department of Finance and Administration shall administer and enforce the provisions of this chapter. Amended by Act 2019, No. 910,§ 4685, 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 shall administer and enforce the provisions of this chapter.

Amended by Act 2019, No. 910,§ 4685, eff. 7/1/2019.

Acts 1953, No. 347, § 15; 1973, No. 46, § 1; A.S.A. 1947, § 75-1415.
Ark. Code Ann. § 27-73-201 — AR Code / Title 27 / Chapter 73 / Subchapter 2 / Section 27-73-201
Intent
Status: in_force

It is the intent of this subchapter: (1) To enhance the safety of the public highways, roads, and streets and to safeguard the health, comfort, and convenience of motorists by restricting hazardous, distracting, and confusing devices along and immediately adjacent to the roadway; and (2) To prohibit in particular the use of all oscillating, rotating, or flashing lights or devices of the type of, or which simulate or give the impression of being, an emergency vehicle, such as a police vehicle, fire truck, or ambulance, within a distance of two hundred feet (200') of a state highway, which is not involved in the regulation and operation of the traffic thereon in accordance with recognized and approved traffic engineering principles. Acts 1973, No. 258, § 1; A.S.A. 1947, § 76-140.

It is the intent of this subchapter:

(1) To enhance the safety of the public highways, roads, and streets and to safeguard the health, comfort, and convenience of motorists by restricting hazardous, distracting, and confusing devices along and immediately adjacent to the roadway; and

(2) To prohibit in particular the use of all oscillating, rotating, or flashing lights or devices of the type of, or which simulate or give the impression of being, an emergency vehicle, such as a police vehicle, fire truck, or ambulance, within a distance of two hundred feet (200') of a state highway, which is not involved in the regulation and operation of the traffic thereon in accordance with recognized and approved traffic engineering principles.

Acts 1973, No. 258, § 1; A.S.A. 1947, § 76-140.
Ark. Code Ann. § 27-16-701 — AR Code / Title 27 / Chapter 16 / Subchapter 7 / Section 27-16-701
Application for license or instruction permit - Restricted permits - Definition
Status: in_force

(a) (1) Every application for an instruction permit or for a commercial or noncommercial driver's license shall be made upon a form furnished by the Office of Driver Services, and every application shall be accompanied by the required fee. (2) The commercial driver's license or noncommercial driver's license shall include the intermediate driver's license issued to persons who are less than eighteen (18) years of age and the learner's license issued to persons who are less than sixteen (16) years of age. (b) Every application shall: (1) State the full name, date of birth, sex, and residence address of the applicant; (2) Briefly describe the applicant; and (3) State whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, whether any license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for suspension, revocation, or refusal. (c) (1) Every application form for an instruction permit, a commercial or noncommercial driver's license, or any renewal of these licenses or permits shall include space for the applicant's Social Security number if he or she has been assigned such a number. (2) Every applicant shall supply his or her Social Security number on the application form when he or she has been assigned such a number. (d) Every application for an instruction permit or for a driver's license by a person less than eighteen (18) years of age on October 1 of any year shall be accompanied by: (1) A check of the applicant's driving record to verify that the applicant for a learner's license or an intermediate driver's license has been free of a serious accident and conviction of a serious traffic violation for the last six (6) months and that an applicant with an intermediate driver's license applying for a regular license has been free of a serious accident and conviction of a serious traffic violation for the last twelve (12) months; (2) An acknowledgment signed by the applicant of a learner's license that the student is aware that all passengers riding in the motor vehicle shall wear seat belts at all times and that the student is restricted to driving only when accompanied by a driver over twenty-one (21) years of age; (3) An acknowledgment signed by the applicant for an intermediate driver's license that all passengers riding in the motor vehicle shall wear seat belts at all times; (4) An acknowledgment signed by the applicant for a learner's license or an intermediate driver's license that the applicant is prohibited from using a cellular telephone or other interactive wireless communication device while operating a motor vehicle; (5) (A) An acknowledgment signed by the applicant for an intermediate driver's license that the applicant shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the applicant is accompanied by a licensed driver who is twenty-one (21) years of age or older. (B) As used in this section, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (i) A sibling of the driver; (ii) A stepsibling of the driver; or (iii) A child who resides in the same household as the driver; and (6) An acknowledgment signed by the applicant for an intermediate driver's license that the applicant shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the applicant is: (A) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (B) Driving to or from a school activity, church-related activity, or job; or (C) Driving because of an emergency. (e) (1) In cases in which demonstrable financial hardship would result from the failure to issue a learner's permit or driver's license, the Department of Finance and Administration may grant exceptions only to the extent necessary to ameliorate the hardship. (2) If it can be demonstrated that the conditions for granting a hardship were fraudulent, the parent, guardian, or person in loco parentis shall be subject to all applicable perjury statutes. (f) The department shall have the power to promulgate rules to carry out the intent of this section. Amended by Act 2019, No. 315,§ 3115, eff. 7/24/2019. Amended by Act 2019, No. 617,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2408, eff. 7/1/2019. Amended by Act 2017, No. 806,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 806,§ 1, eff. 8/1/2017. Acts 1937, No. 280, § 12; Pope's Dig., § 6836; Acts 1969, No. 302, § 1; A.S.A. 1947, § 75-311; Acts 1987, No. 274, § 1; 1989, No. 8, § 1; 1991, No. 716, § 1; 1991, No. 831, § 1; 1993, No. 445, § 15; 1993, No. 971, § 1; 1994 (2nd Ex. Sess.), No. 30, § 3; 1994 (2nd Ex. Sess.), No. 31, § 3; 1997, No. 400, § 7; 1997, No. 1200, § 1; 2001, No. 1609, § 1; 2001, No. 1694, § 2; 2003, No. 836, § 1; 2009, No. 394, § 4.

(a) (1) Every application for an instruction permit or for a commercial or noncommercial driver's license shall be made upon a form furnished by the Office of Driver Services, and every application shall be accompanied by the required fee. (2) The commercial driver's license or noncommercial driver's license shall include the intermediate driver's license issued to persons who are less than eighteen (18) years of age and the learner's license issued to persons who are less than sixteen (16) years of age.

(1) Every application for an instruction permit or for a commercial or noncommercial driver's license shall be made upon a form furnished by the Office of Driver Services, and every application shall be accompanied by the required fee.

(2) The commercial driver's license or noncommercial driver's license shall include the intermediate driver's license issued to persons who are less than eighteen (18) years of age and the learner's license issued to persons who are less than sixteen (16) years of age.

(b) Every application shall: (1) State the full name, date of birth, sex, and residence address of the applicant; (2) Briefly describe the applicant; and (3) State whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, whether any license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for suspension, revocation, or refusal.

(1) State the full name, date of birth, sex, and residence address of the applicant;

(2) Briefly describe the applicant; and

(3) State whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, whether any license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for suspension, revocation, or refusal.

(c) (1) Every application form for an instruction permit, a commercial or noncommercial driver's license, or any renewal of these licenses or permits shall include space for the applicant's Social Security number if he or she has been assigned such a number. (2) Every applicant shall supply his or her Social Security number on the application form when he or she has been assigned such a number.

(1) Every application form for an instruction permit, a commercial or noncommercial driver's license, or any renewal of these licenses or permits shall include space for the applicant's Social Security number if he or she has been assigned such a number.

(2) Every applicant shall supply his or her Social Security number on the application form when he or she has been assigned such a number.

(d) Every application for an instruction permit or for a driver's license by a person less than eighteen (18) years of age on October 1 of any year shall be accompanied by: (1) A check of the applicant's driving record to verify that the applicant for a learner's license or an intermediate driver's license has been free of a serious accident and conviction of a serious traffic violation for the last six (6) months and that an applicant with an intermediate driver's license applying for a regular license has been free of a serious accident and conviction of a serious traffic violation for the last twelve (12) months; (2) An acknowledgment signed by the applicant of a learner's license that the student is aware that all passengers riding in the motor vehicle shall wear seat belts at all times and that the student is restricted to driving only when accompanied by a driver over twenty-one (21) years of age; (3) An acknowledgment signed by the applicant for an intermediate driver's license that all passengers riding in the motor vehicle shall wear seat belts at all times; (4) An acknowledgment signed by the applicant for a learner's license or an intermediate driver's license that the applicant is prohibited from using a cellular telephone or other interactive wireless communication device while operating a motor vehicle; (5) (A) An acknowledgment signed by the applicant for an intermediate driver's license that the applicant shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the applicant is accompanied by a licensed driver who is twenty-one (21) years of age or older. (B) As used in this section, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (i) A sibling of the driver; (ii) A stepsibling of the driver; or (iii) A child who resides in the same household as the driver; and (6) An acknowledgment signed by the applicant for an intermediate driver's license that the applicant shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the applicant is: (A) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (B) Driving to or from a school activity, church-related activity, or job; or (C) Driving because of an emergency.

(1) A check of the applicant's driving record to verify that the applicant for a learner's license or an intermediate driver's license has been free of a serious accident and conviction of a serious traffic violation for the last six (6) months and that an applicant with an intermediate driver's license applying for a regular license has been free of a serious accident and conviction of a serious traffic violation for the last twelve (12) months;

(2) An acknowledgment signed by the applicant of a learner's license that the student is aware that all passengers riding in the motor vehicle shall wear seat belts at all times and that the student is restricted to driving only when accompanied by a driver over twenty-one (21) years of age;

(3) An acknowledgment signed by the applicant for an intermediate driver's license that all passengers riding in the motor vehicle shall wear seat belts at all times;

(4) An acknowledgment signed by the applicant for a learner's license or an intermediate driver's license that the applicant is prohibited from using a cellular telephone or other interactive wireless communication device while operating a motor vehicle;

(5) (A) An acknowledgment signed by the applicant for an intermediate driver's license that the applicant shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the applicant is accompanied by a licensed driver who is twenty-one (21) years of age or older. (B) As used in this section, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (i) A sibling of the driver; (ii) A stepsibling of the driver; or (iii) A child who resides in the same household as the driver; and

(A) An acknowledgment signed by the applicant for an intermediate driver's license that the applicant shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the applicant is accompanied by a licensed driver who is twenty-one (21) years of age or older.

(B) As used in this section, "unrelated minor passenger" means a passenger who is under twenty-one (21) years of age and who is not: (i) A sibling of the driver; (ii) A stepsibling of the driver; or (iii) A child who resides in the same household as the driver; and

(i) A sibling of the driver;

(ii) A stepsibling of the driver; or

(iii) A child who resides in the same household as the driver; and

(6) An acknowledgment signed by the applicant for an intermediate driver's license that the applicant shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the applicant is: (A) Accompanied by a licensed driver who is twenty-one (21) years of age or older; (B) Driving to or from a school activity, church-related activity, or job; or (C) Driving because of an emergency.

(A) Accompanied by a licensed driver who is twenty-one (21) years of age or older;

(B) Driving to or from a school activity, church-related activity, or job; or

(C) Driving because of an emergency.

(e) (1) In cases in which demonstrable financial hardship would result from the failure to issue a learner's permit or driver's license, the Department of Finance and Administration may grant exceptions only to the extent necessary to ameliorate the hardship. (2) If it can be demonstrated that the conditions for granting a hardship were fraudulent, the parent, guardian, or person in loco parentis shall be subject to all applicable perjury statutes.

(1) In cases in which demonstrable financial hardship would result from the failure to issue a learner's permit or driver's license, the Department of Finance and Administration may grant exceptions only to the extent necessary to ameliorate the hardship.

(2) If it can be demonstrated that the conditions for granting a hardship were fraudulent, the parent, guardian, or person in loco parentis shall be subject to all applicable perjury statutes.

(f) The department shall have the power to promulgate rules to carry out the intent of this section.

Amended by Act 2019, No. 315,§ 3115, eff. 7/24/2019.

Amended by Act 2019, No. 617,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2408, eff. 7/1/2019.

Amended by Act 2017, No. 806,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 806,§ 1, eff. 8/1/2017.

Acts 1937, No. 280, § 12; Pope's Dig., § 6836; Acts 1969, No. 302, § 1; A.S.A. 1947, § 75-311; Acts 1987, No. 274, § 1; 1989, No. 8, § 1; 1991, No. 716, § 1; 1991, No. 831, § 1; 1993, No. 445, § 15; 1993, No. 971, § 1; 1994 (2nd Ex. Sess.), No. 30, § 3; 1994 (2nd Ex. Sess.), No. 31, § 3; 1997, No. 400, § 7; 1997, No. 1200, § 1; 2001, No. 1609, § 1; 2001, No. 1694, § 2; 2003, No. 836, § 1; 2009, No. 394, § 4.
Ark. Code Ann. § 27-51-801 — AR Code / Title 27 / Chapter 51 / Subchapter 8 / Section 27-51-801
Passing streetcar on left
Status: in_force

(a) The driver of a vehicle shall not overtake and pass upon the left nor drive upon the left side of any streetcar proceeding in the same direction, whether the streetcar is actually in motion or temporarily at rest, except: (1) When so directed by a police officer; (2) When upon a one-way street; or (3) When upon a street where the tracks are so located as to prevent compliance with this section. (b) The driver of any vehicle, when permitted to overtake and pass upon the left of a streetcar which has stopped for the purpose of receiving or discharging any passenger, shall reduce speed and may proceed only upon exercising due caution for pedestrians and shall accord pedestrians the right-of-way when required by other sections of this chapter. Acts 1937, No. 300, § 80; Pope's Dig., § 6738; A.S.A. 1947, § 75-633.

(a) The driver of a vehicle shall not overtake and pass upon the left nor drive upon the left side of any streetcar proceeding in the same direction, whether the streetcar is actually in motion or temporarily at rest, except: (1) When so directed by a police officer; (2) When upon a one-way street; or (3) When upon a street where the tracks are so located as to prevent compliance with this section.

(1) When so directed by a police officer;

(2) When upon a one-way street; or

(3) When upon a street where the tracks are so located as to prevent compliance with this section.

(b) The driver of any vehicle, when permitted to overtake and pass upon the left of a streetcar which has stopped for the purpose of receiving or discharging any passenger, shall reduce speed and may proceed only upon exercising due caution for pedestrians and shall accord pedestrians the right-of-way when required by other sections of this chapter.

Acts 1937, No. 300, § 80; Pope's Dig., § 6738; A.S.A. 1947, § 75-633.
Ark. Code Ann. § 27-35-309 — AR Code / Title 27 / Chapter 35 / Subchapter 3 / Section 27-35-309
Transportation of houses and other structures
Status: in_force

(a) Qualified house or structural movers in this state who have met the financial responsibility requirements of the laws of this state and rules of the Arkansas Department of Transportation shall be authorized to move upon the public highways of this state houses and other structures up to and including twenty-eight feet six inches (28' 6") in width, exclusive of roof overhang, upon obtaining a permit as required by law. (b) (1) If determined to be in the best interest of the state and where special circumstances are shown to exist, houses and other structures having a width in excess of twenty-eight feet six inches (28' 6"), excluding roof overhang, may be moved upon the public highways of this state by obtaining a permit approved by the Director of State Highways and Transportation. (2) Factors to be considered in approval of the special permit shall include: (A) Maximum overall width; (B) Distance to travel; (C) Condition of the highway; and (D) The volume or type of traffic. (c) (1) The State Highway Commission may issue such special rules for the movement of houses and other structures on the highways as the commission deems necessary for the protection of the public safety. (2) (A) The rules of the commission, with respect to the movement of overwidth, overheight, or overlength loads upon the highways of this state shall be equally applicable to the movement of houses and other structures upon city streets and county roads of this state. (B) Municipalities and counties, respectively, may make and enforce other rules and regulations regarding the movement of houses and other structures on city streets and on county roads as they deem appropriate. (d) The provisions of this section are supplemental to the existing laws of this state pertaining to the moving of houses and other structures upon the public highways of this state and shall repeal only laws, or parts of laws, specifically in conflict with this section. Amended by Act 2019, No. 315,§ 3142, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 3141, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 337, eff. 8/1/2017. Acts 1965, No. 394, §§ 1, 2; 1975, No. 399, §§ 1, 2; A.S.A. 1947, §§ 75-836, 75-836n, 76-135, 76-136; Acts 2001, No. 990, § 2.

(a) Qualified house or structural movers in this state who have met the financial responsibility requirements of the laws of this state and rules of the Arkansas Department of Transportation shall be authorized to move upon the public highways of this state houses and other structures up to and including twenty-eight feet six inches (28' 6") in width, exclusive of roof overhang, upon obtaining a permit as required by law.

(b) (1) If determined to be in the best interest of the state and where special circumstances are shown to exist, houses and other structures having a width in excess of twenty-eight feet six inches (28' 6"), excluding roof overhang, may be moved upon the public highways of this state by obtaining a permit approved by the Director of State Highways and Transportation. (2) Factors to be considered in approval of the special permit shall include: (A) Maximum overall width; (B) Distance to travel; (C) Condition of the highway; and (D) The volume or type of traffic.

(1) If determined to be in the best interest of the state and where special circumstances are shown to exist, houses and other structures having a width in excess of twenty-eight feet six inches (28' 6"), excluding roof overhang, may be moved upon the public highways of this state by obtaining a permit approved by the Director of State Highways and Transportation.

(2) Factors to be considered in approval of the special permit shall include: (A) Maximum overall width; (B) Distance to travel; (C) Condition of the highway; and (D) The volume or type of traffic.

(A) Maximum overall width;

(B) Distance to travel;

(C) Condition of the highway; and

(D) The volume or type of traffic.

(c) (1) The State Highway Commission may issue such special rules for the movement of houses and other structures on the highways as the commission deems necessary for the protection of the public safety. (2) (A) The rules of the commission, with respect to the movement of overwidth, overheight, or overlength loads upon the highways of this state shall be equally applicable to the movement of houses and other structures upon city streets and county roads of this state. (B) Municipalities and counties, respectively, may make and enforce other rules and regulations regarding the movement of houses and other structures on city streets and on county roads as they deem appropriate.

(1) The State Highway Commission may issue such special rules for the movement of houses and other structures on the highways as the commission deems necessary for the protection of the public safety.

(2) (A) The rules of the commission, with respect to the movement of overwidth, overheight, or overlength loads upon the highways of this state shall be equally applicable to the movement of houses and other structures upon city streets and county roads of this state. (B) Municipalities and counties, respectively, may make and enforce other rules and regulations regarding the movement of houses and other structures on city streets and on county roads as they deem appropriate.

(A) The rules of the commission, with respect to the movement of overwidth, overheight, or overlength loads upon the highways of this state shall be equally applicable to the movement of houses and other structures upon city streets and county roads of this state.

(B) Municipalities and counties, respectively, may make and enforce other rules and regulations regarding the movement of houses and other structures on city streets and on county roads as they deem appropriate.

(d) The provisions of this section are supplemental to the existing laws of this state pertaining to the moving of houses and other structures upon the public highways of this state and shall repeal only laws, or parts of laws, specifically in conflict with this section.

Amended by Act 2019, No. 315,§ 3142, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 3141, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 337, eff. 8/1/2017.

Acts 1965, No. 394, §§ 1, 2; 1975, No. 399, §§ 1, 2; A.S.A. 1947, §§ 75-836, 75-836n, 76-135, 76-136; Acts 2001, No. 990, § 2.
Ark. Code Ann. § 27-23-210 — AR Code / Title 27 / Chapter 23 / Subchapter 2 / Section 27-23-210
Miscellaneous authority - Rules
Status: in_force

(a) The Office of Driver Services shall pursue grants available through the United States Department of Transportation or other entity to assist with the cost of compliance with the Commercial Driver's License Drug and Alcohol Clearinghouse. (b) The Office of Driver Services may: (1) Adopt rules to administer this subchapter; and (2) Receive and expend any moneys arising from grants, contributions, or reimbursements from the United States Department of Transportation or other entity for performing its duties under this subchapter. Amended by Act 2023, No. 681,§ 6, eff. 8/1/2023. Acts 2007, No. 637, § 1.

(a) The Office of Driver Services shall pursue grants available through the United States Department of Transportation or other entity to assist with the cost of compliance with the Commercial Driver's License Drug and Alcohol Clearinghouse.

(b) The Office of Driver Services may: (1) Adopt rules to administer this subchapter; and (2) Receive and expend any moneys arising from grants, contributions, or reimbursements from the United States Department of Transportation or other entity for performing its duties under this subchapter.

(1) Adopt rules to administer this subchapter; and

(2) Receive and expend any moneys arising from grants, contributions, or reimbursements from the United States Department of Transportation or other entity for performing its duties under this subchapter.

Amended by Act 2023, No. 681,§ 6, eff. 8/1/2023.

Acts 2007, No. 637, § 1.
Ark. Code Ann. § 27-67-319 — AR Code / Title 27 / Chapter 67 / Subchapter 3 / Section 27-67-319
Appeal not to delay vesting of title
Status: in_force

(a) No appeal in any cause under this subchapter, nor any bond or undertaking given therein, shall operate to prevent or delay the vesting of title to real property or any interest therein or any easement in the State of Arkansas. (b) The State of Arkansas shall not be divested of any title to real property or any interest therein or any easement acquired under this subchapter by court except where the court finds that the property or any interest therein or any easement was not taken for public use. In the event of this finding, the court shall enter judgment as may be necessary: (1) To compensate the persons entitled thereto for the period during which the property was in the possession of the state; and (2) To recover for the state any deposit or funds paid to any person. Acts 1953, No. 115, § 6; A.S.A. 1947, § 76-539.

(a) No appeal in any cause under this subchapter, nor any bond or undertaking given therein, shall operate to prevent or delay the vesting of title to real property or any interest therein or any easement in the State of Arkansas.

(b) The State of Arkansas shall not be divested of any title to real property or any interest therein or any easement acquired under this subchapter by court except where the court finds that the property or any interest therein or any easement was not taken for public use. In the event of this finding, the court shall enter judgment as may be necessary: (1) To compensate the persons entitled thereto for the period during which the property was in the possession of the state; and (2) To recover for the state any deposit or funds paid to any person.

(1) To compensate the persons entitled thereto for the period during which the property was in the possession of the state; and

(2) To recover for the state any deposit or funds paid to any person.

Acts 1953, No. 115, § 6; A.S.A. 1947, § 76-539.
Ark. Code Ann. § 27-20-202 — AR Code / Title 27 / Chapter 20 / Subchapter 2 / Section 27-20-202
Registration required
Status: in_force

(a) All owners of three-wheeled, four-wheeled, or six-wheeled all-terrain vehicles that are not otherwise required to be registered by law shall register them with the Secretary of the Department of Finance and Administration within thirty (30) calendar days of acquiring them. (b) (1) The owners shall offer proof of ownership satisfactory to the Department of Finance and Administration. (2) (A) (i) If the person seeking to register the all-terrain vehicle cannot offer satisfactory proof of ownership, the department may register it if the person seeking registration posts a bond equal to at least one and one-half (1½) times the market value of the all-terrain vehicle. (ii) The bond shall be a cash bond, a letter of credit, a surety bond issued by a fidelity or surety company authorized to do business in Arkansas, or a personal bond signed by at least two (2) property owners in this state. (iii) The bond shall be for a period of three (3) years and made payable to the department to be used by the department to pay any valid claim arising from the disputed ownership of the all-terrain vehicle. (B) (i) If the three-wheeled or four-wheeled all-terrain vehicle was manufactured on or before December 31, 1992, then proof of ownership shall not be required to obtain registration, and a statement of ownership shall be accepted as proof of ownership. (ii) The statement of ownership may be prepared by the person and shall contain the following information: (a) The person's name; (b) A description of the vehicle; (c) A statement that the vehicle was manufactured on or before December 31, 1992; (d) A statement of ownership; and (e) The person's signature. (iii) The provisions of this subdivision (b)(2)(B) shall not apply to six-wheeled all-terrain vehicles. (c) The cost of registration shall be five dollars ($5.00). Amended by Act 2019, No. 910,§ 4696, eff. 7/1/2019. Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717; Acts 1993, No. 1308, § 1; 2001, No. 462, § 2; 2003, No. 845, § 1; 2007, No. 305, § 3.

(a) All owners of three-wheeled, four-wheeled, or six-wheeled all-terrain vehicles that are not otherwise required to be registered by law shall register them with the Secretary of the Department of Finance and Administration within thirty (30) calendar days of acquiring them.

(b) (1) The owners shall offer proof of ownership satisfactory to the Department of Finance and Administration. (2) (A) (i) If the person seeking to register the all-terrain vehicle cannot offer satisfactory proof of ownership, the department may register it if the person seeking registration posts a bond equal to at least one and one-half (1½) times the market value of the all-terrain vehicle. (ii) The bond shall be a cash bond, a letter of credit, a surety bond issued by a fidelity or surety company authorized to do business in Arkansas, or a personal bond signed by at least two (2) property owners in this state. (iii) The bond shall be for a period of three (3) years and made payable to the department to be used by the department to pay any valid claim arising from the disputed ownership of the all-terrain vehicle. (B) (i) If the three-wheeled or four-wheeled all-terrain vehicle was manufactured on or before December 31, 1992, then proof of ownership shall not be required to obtain registration, and a statement of ownership shall be accepted as proof of ownership. (ii) The statement of ownership may be prepared by the person and shall contain the following information: (a) The person's name; (b) A description of the vehicle; (c) A statement that the vehicle was manufactured on or before December 31, 1992; (d) A statement of ownership; and (e) The person's signature. (iii) The provisions of this subdivision (b)(2)(B) shall not apply to six-wheeled all-terrain vehicles.

(1) The owners shall offer proof of ownership satisfactory to the Department of Finance and Administration.

(2) (A) (i) If the person seeking to register the all-terrain vehicle cannot offer satisfactory proof of ownership, the department may register it if the person seeking registration posts a bond equal to at least one and one-half (1½) times the market value of the all-terrain vehicle. (ii) The bond shall be a cash bond, a letter of credit, a surety bond issued by a fidelity or surety company authorized to do business in Arkansas, or a personal bond signed by at least two (2) property owners in this state. (iii) The bond shall be for a period of three (3) years and made payable to the department to be used by the department to pay any valid claim arising from the disputed ownership of the all-terrain vehicle. (B) (i) If the three-wheeled or four-wheeled all-terrain vehicle was manufactured on or before December 31, 1992, then proof of ownership shall not be required to obtain registration, and a statement of ownership shall be accepted as proof of ownership. (ii) The statement of ownership may be prepared by the person and shall contain the following information: (a) The person's name; (b) A description of the vehicle; (c) A statement that the vehicle was manufactured on or before December 31, 1992; (d) A statement of ownership; and (e) The person's signature. (iii) The provisions of this subdivision (b)(2)(B) shall not apply to six-wheeled all-terrain vehicles.

(A) (i) If the person seeking to register the all-terrain vehicle cannot offer satisfactory proof of ownership, the department may register it if the person seeking registration posts a bond equal to at least one and one-half (1½) times the market value of the all-terrain vehicle. (ii) The bond shall be a cash bond, a letter of credit, a surety bond issued by a fidelity or surety company authorized to do business in Arkansas, or a personal bond signed by at least two (2) property owners in this state. (iii) The bond shall be for a period of three (3) years and made payable to the department to be used by the department to pay any valid claim arising from the disputed ownership of the all-terrain vehicle.

(i) If the person seeking to register the all-terrain vehicle cannot offer satisfactory proof of ownership, the department may register it if the person seeking registration posts a bond equal to at least one and one-half (1½) times the market value of the all-terrain vehicle.

(ii) The bond shall be a cash bond, a letter of credit, a surety bond issued by a fidelity or surety company authorized to do business in Arkansas, or a personal bond signed by at least two (2) property owners in this state.

(iii) The bond shall be for a period of three (3) years and made payable to the department to be used by the department to pay any valid claim arising from the disputed ownership of the all-terrain vehicle.

(B) (i) If the three-wheeled or four-wheeled all-terrain vehicle was manufactured on or before December 31, 1992, then proof of ownership shall not be required to obtain registration, and a statement of ownership shall be accepted as proof of ownership. (ii) The statement of ownership may be prepared by the person and shall contain the following information: (a) The person's name; (b) A description of the vehicle; (c) A statement that the vehicle was manufactured on or before December 31, 1992; (d) A statement of ownership; and (e) The person's signature. (iii) The provisions of this subdivision (b)(2)(B) shall not apply to six-wheeled all-terrain vehicles.

(i) If the three-wheeled or four-wheeled all-terrain vehicle was manufactured on or before December 31, 1992, then proof of ownership shall not be required to obtain registration, and a statement of ownership shall be accepted as proof of ownership.

(ii) The statement of ownership may be prepared by the person and shall contain the following information: (a) The person's name; (b) A description of the vehicle; (c) A statement that the vehicle was manufactured on or before December 31, 1992; (d) A statement of ownership; and (e) The person's signature.

(a) The person's name;

(b) A description of the vehicle;

(c) A statement that the vehicle was manufactured on or before December 31, 1992;

(d) A statement of ownership; and

(e) The person's signature.

(iii) The provisions of this subdivision (b)(2)(B) shall not apply to six-wheeled all-terrain vehicles.

(c) The cost of registration shall be five dollars ($5.00).

Amended by Act 2019, No. 910,§ 4696, eff. 7/1/2019.

Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717; Acts 1993, No. 1308, § 1; 2001, No. 462, § 2; 2003, No. 845, § 1; 2007, No. 305, § 3.
Ark. Code Ann. § 27-15-314 — AR Code / Title 27 / Chapter 15 / Subchapter 3 / Section 27-15-314
Parking spaces by private agencies
Status: in_force

(a) (1) Any business firm or other person licensed to do business with the public or owning or operating a business that provides parking access to the public may provide specially designated and marked motor vehicle parking spaces for the exclusive use of persons with disabilities who have been issued a special license plate or special certificate. (2) Private businesses that provide parking access intended for use by the public that are constructed after January 1, 1992, and private businesses that undertake significant physical modifications or alterations of their premises after January 1, 1992, shall provide parking spaces in such number and otherwise in accordance with the standards set forth in rules promulgated by the Department of Finance and Administration that would be consistent with Pub. L. No. 100-641 and rules issued pursuant thereto by the United States Secretary of Transportation. (b) The minimum number of parking spaces shall comply with the requirements of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. Amended by Act 2019, No. 315,§ 3110, eff. 7/24/2019. Acts 1985, No. 907, § 9; A.S.A. 1947, § 75-296.11; Acts 1987, No. 59, § 3; 1991, No. 656, § 12; 1999, No. 1503, § 4; 2001, No. 609, § 5; 2005, No. 2202, § 2.

(a) (1) Any business firm or other person licensed to do business with the public or owning or operating a business that provides parking access to the public may provide specially designated and marked motor vehicle parking spaces for the exclusive use of persons with disabilities who have been issued a special license plate or special certificate. (2) Private businesses that provide parking access intended for use by the public that are constructed after January 1, 1992, and private businesses that undertake significant physical modifications or alterations of their premises after January 1, 1992, shall provide parking spaces in such number and otherwise in accordance with the standards set forth in rules promulgated by the Department of Finance and Administration that would be consistent with Pub. L. No. 100-641 and rules issued pursuant thereto by the United States Secretary of Transportation.

(1) Any business firm or other person licensed to do business with the public or owning or operating a business that provides parking access to the public may provide specially designated and marked motor vehicle parking spaces for the exclusive use of persons with disabilities who have been issued a special license plate or special certificate.

(2) Private businesses that provide parking access intended for use by the public that are constructed after January 1, 1992, and private businesses that undertake significant physical modifications or alterations of their premises after January 1, 1992, shall provide parking spaces in such number and otherwise in accordance with the standards set forth in rules promulgated by the Department of Finance and Administration that would be consistent with Pub. L. No. 100-641 and rules issued pursuant thereto by the United States Secretary of Transportation.

(b) The minimum number of parking spaces shall comply with the requirements of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

Amended by Act 2019, No. 315,§ 3110, eff. 7/24/2019.

Acts 1985, No. 907, § 9; A.S.A. 1947, § 75-296.11; Acts 1987, No. 59, § 3; 1991, No. 656, § 12; 1999, No. 1503, § 4; 2001, No. 609, § 5; 2005, No. 2202, § 2.
Ark. Code Ann. § 27-50-1101 — AR Code / Title 27 / Chapter 50 / Subchapter 11 / Section 27-50-1101
Nonconsensual towing of a vehicle, implement, or piece of machinery - Definition
Status: in_force

(a) (1) (A) When a vehicle of a type subject to registration under the laws of this state, an implement, or a piece of machinery is found abandoned on private or public property within this state or is parked on private or public property within this state without the authorization of the property owners or other persons controlling the property, the property owner or his or her agent may have the vehicle, implement, or piece of machinery removed from the property by a towing and storage firm licensed by and subject to the rules of the Arkansas Towing and Recovery Board. (B) (i) A county, city of the first class, city of the second class, or incorporated town by ordinance may regulate the manner that a property owner or other person controlling the property removes a vehicle, implement, or piece of machinery: (a) By limiting: (1) The distance from the location of removal to the destination of storage; (2) The amount of towing and storage charges, including the towing charge, the storage charge, the administrative fee, and any other fee that may be charged, to be assessed against the owner or operator of the vehicle, implement, or piece of machinery removed from the property, with the difference between the charges allowed by the county, city, or incorporated town and the actual towing and storage charges to be assessed to the property owner or other person controlling the property that requested the removal of the vehicle; and (3) The request for removal of a vehicle, implement, or piece of machinery from the property to a towing and storage firm that accepts payment methods of cash, credit cards, or debit cards; and (b) By requiring signage under § 27-51-1305 to include: (1) The name, address, and telephone number of the towing and storage firm that may provide removal services from the parking lot; (2) The amount of towing and storage charges that may be assessed against the owner or operator of the vehicle, implement, or other machinery; and (3) Disclosing whether the towing and storage firm will accept the payment methods of cash, checks, credit cards, or debit cards. (ii) An ordinance enacted under this subdivision (a)(1)(B) shall not conflict with this section. (C) Prior to the removal of an abandoned vehicle, implement, or piece of machinery or a vehicle, implement, or piece of machinery parked without authority as provided by this section, the towing and storage firm shall obtain in writing from the property owner or agent a written statement that includes at a minimum the following: (i) Identification of the property owner or agent, including name, address, and telephone number; (ii) A statement that the property from which the vehicle, implement, or piece of machinery is to be removed is property owned or otherwise under the control of the agent requesting the removal; (iii) That the vehicle, implement, or piece of machinery is deemed abandoned or has been parked on the property without authorization, as the case may be; (iv) The make, model, and vehicle identification number or serial number of the vehicle, implement, or piece of machinery to be removed; (v) The location to which the vehicle, implement, or piece of machinery will be removed, including the name, address, and telephone number of the towing and storage firm removing the vehicle, implement, or piece of machinery; and (vi) The signature of the property owner or agent requesting removal of the vehicle, implement, or piece of machinery. (D) A copy of the written statement shall be left with the property owner or the on-site agent, who shall make the written statement available for inspection upon request by any person claiming an interest in the removed vehicle, implement, or piece of machinery. (E) The towing and storage firm removing the vehicle, implement, or piece of machinery shall retain a copy of the written statement for three (3) years and make the statement available during regular business hours upon request to any person claiming an interest in the removed vehicle, implement, or piece of machinery or upon request to any law enforcement officer or board investigator. (F) Unless other arrangements have been made with a repair business, a vehicle, implement, or piece of machinery on the premises of a repair business shall be deemed abandoned if either: (i) The vehicle, implement, or piece of machinery is unclaimed by the owner within forty-five (45) days; or (ii) The debt is not paid within forty-five (45) days from the time the repair work is complete. (G) A towing and storage firm shall not remove any abandoned vehicle, implement, or piece of machinery or improperly parked vehicle, implement, or piece of machinery without the authorization of the property owner or on-site agent as provided in this section except as may otherwise be authorized by the provisions of § 27-50-1201 et seq. or as directed by any law enforcement officer. (H) A towing and storage firm removing a vehicle, implement, or piece of machinery as provided by this section shall not pay any compensation related to the removal of the vehicle, implement, or piece of machinery, whether as a referral fee or otherwise, to the owner or agent requesting the removal of the vehicle, implement, or piece of machinery. (2) (A) Any person towing a vehicle, implement, or piece of machinery as provided by this section and any person towing a vehicle, implement, or piece of machinery without the authorization of the owner or the owner's agent, including towing pursuant to a directive of repossession from a holder of a security interest in the vehicle, implement, or piece of machinery, shall notify the local police department or sheriff's office within whose jurisdiction the vehicle, implement, or piece of machinery was removed of the removal within two (2) hours of taking possession of the vehicle, implement, or piece of machinery. (B) The towing and storage firm may not charge a storage fee for the vehicle, implement, or piece of machinery for the time it is stored prior to the notification required to the local police department or sheriff's office. (C) Each police department or sheriff's office receiving notification of the removal of a vehicle, implement, or piece of machinery as provided in this subsection shall maintain a log recording the following information related to the vehicle, implement, or piece of machinery: (i) Make; (ii) Model; (iii) Vehicle identification number or serial number; (iv) Date, time, and location of the removal; and (v) Name, address, and telephone number of the person removing the vehicle, implement, or piece of machinery. (D) (i) Each police department or sheriff's office that receives notification of the removal of a vehicle, implement, or piece of machinery as provided in this subsection shall within twenty-four (24) hours of notification provide to the towing and storage firm information supplied from the records of the Office of Motor Vehicle, the Arkansas Crime Information Center, or, if there is evidence in the vehicle, implement, or piece of machinery indicating that it is registered in or from another state, the registration records from that state, the name and address of the last registered owner, and the name and address of the holder of any recorded lien on the vehicle, implement, or piece of machinery. (ii) If the information under subdivision (a)(2)(D)(i) of this section is not available for an implement or piece of machinery, the police department or sheriff's office that receives notice of the removal shall provide at a minimum whether any record exists in the records of the Office of Motor Vehicle or the Arkansas Crime Information Center regarding the implement or piece of machinery. (E) (i) In the event that readily available records fail to disclose the name of the owner of the vehicle, implement, or piece of machinery or any lienholder of record, the towing and storage firm shall perform a good faith search to locate documents or other evidence of ownership and lienholder information on or within the unattended or abandoned vehicle, implement, or piece of machinery. (ii) For purposes of this subdivision (a)(2)(E), a "good faith search" means that the towing and storage firm checks the unattended or abandoned vehicle, implement, or piece of machinery for any type of license plate, license plate record, temporary permit, inspection sticker, decal, or other evidence that indicates a possible state of registration and title or other information related to the owner. (3) (A) Following removal of an abandoned vehicle or vehicle parked without authority, possession of the vehicle, notice requirements to owners and lienholders, and procedures for sale of unclaimed vehicles shall be governed by the provisions of §§ 27-50-1208 - 27-50-1210 . (B) (i) The following procedures for the sale of an abandoned and unattended vehicle that is removed from a property as provided under §§ 27-50-1208 - 27-50-1210 shall apply in the same manner to an abandoned and unattended implement or piece of machinery: (a) Possession of the implement or piece of machinery; (b) Notice to owners and lienholders; and (c) Procedures for sale. (ii) The towing and storage company shall have a first priority possessory lien on the implement or piece of machinery and its contents for all reasonable charges for towing, recovery, and storage subject to the limits provided by ordinance if one is in effect. (iii) Except as provided under subdivision (a)(3)(B)(iv) of this section, the lien against the implement or piece of machinery shall be perfected and all of the procedures related to the implement or piece of machinery shall be handled in the same manner as provided under § 27-50-1208(b) -(e) for abandoned and unattended vehicles. (iv) If information on the owner or owners of an implement or piece of machinery that is in the possession of a towing and storage company is not available under subdivisions (a)(2)(D) and (E) of this section, the towing and storage company shall provide notice by publication in a newspaper of general circulation in the region from where the implement or piece of machinery was removed and posting on the website that is sponsored and managed by the board for that purpose. (C) (i) Notwithstanding any provision of law to the contrary and to the extent that the county, city of the first class, city of the second class, or incorporated town enacted an ordinance that limits the amount of towing and storage charges assessed against the owner or operator of the vehicle, implement, or piece of machinery, the towing and storage company shall have a first priority possessory lien limited to the amount allowed under the ordinance. (ii) The towing and storage company may assess any remaining charges to the property owner or other person controlling the property who requested the vehicle, implement, or piece of machinery be removed from the property. (b) A county or city attorney may refer a possible violation of this section or an ordinance enacted under this section to the board for investigation. (c) (1) It shall be unlawful for a person to: (A) Direct the removal of or to remove a vehicle, implement, or piece of machinery in violation of this section; and (B) Violate or aid or abet any violation of this section. (2) (A) A person who pleads guilty or nolo contendere to or is found guilty of any violation of this section is guilty of a Class B misdemeanor. (B) The information related to a plea of guilty or nolo contendere to or conviction for a violation as provided under subdivision (c)(2)(A) of this section shall be reported to the board. (3) The removal of each vehicle, implement, or piece of machinery in violation of this section shall constitute a distinct and separate offense. Amended by Act 2021, No. 794,§ 1, eff. 7/28/2021. Amended by Act 2013, No. 1319,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 1319,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1319,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1319,§ 1, eff. 8/16/2013. Acts 1953, No. 344, § 1; 1969, No. 195, § 1; 1981, No. 433, § 1; A.S.A. 1947, § 75-1034; Acts 1987, No. 166, § 1; 1987, No. 828, § 1; 1989, No. 680, § 1; 1997, No. 841, § 1; 1999, No. 1279, §§ 1, 6; 2001, No. 328, § 3; 2005, No. 2211, § 1; 2007, No. 861, § 1; 2009, No. 681, § 1.

(a) (1) (A) When a vehicle of a type subject to registration under the laws of this state, an implement, or a piece of machinery is found abandoned on private or public property within this state or is parked on private or public property within this state without the authorization of the property owners or other persons controlling the property, the property owner or his or her agent may have the vehicle, implement, or piece of machinery removed from the property by a towing and storage firm licensed by and subject to the rules of the Arkansas Towing and Recovery Board. (B) (i) A county, city of the first class, city of the second class, or incorporated town by ordinance may regulate the manner that a property owner or other person controlling the property removes a vehicle, implement, or piece of machinery: (a) By limiting: (1) The distance from the location of removal to the destination of storage; (2) The amount of towing and storage charges, including the towing charge, the storage charge, the administrative fee, and any other fee that may be charged, to be assessed against the owner or operator of the vehicle, implement, or piece of machinery removed from the property, with the difference between the charges allowed by the county, city, or incorporated town and the actual towing and storage charges to be assessed to the property owner or other person controlling the property that requested the removal of the vehicle; and (3) The request for removal of a vehicle, implement, or piece of machinery from the property to a towing and storage firm that accepts payment methods of cash, credit cards, or debit cards; and (b) By requiring signage under § 27-51-1305 to include: (1) The name, address, and telephone number of the towing and storage firm that may provide removal services from the parking lot; (2) The amount of towing and storage charges that may be assessed against the owner or operator of the vehicle, implement, or other machinery; and (3) Disclosing whether the towing and storage firm will accept the payment methods of cash, checks, credit cards, or debit cards. (ii) An ordinance enacted under this subdivision (a)(1)(B) shall not conflict with this section. (C) Prior to the removal of an abandoned vehicle, implement, or piece of machinery or a vehicle, implement, or piece of machinery parked without authority as provided by this section, the towing and storage firm shall obtain in writing from the property owner or agent a written statement that includes at a minimum the following: (i) Identification of the property owner or agent, including name, address, and telephone number; (ii) A statement that the property from which the vehicle, implement, or piece of machinery is to be removed is property owned or otherwise under the control of the agent requesting the removal; (iii) That the vehicle, implement, or piece of machinery is deemed abandoned or has been parked on the property without authorization, as the case may be; (iv) The make, model, and vehicle identification number or serial number of the vehicle, implement, or piece of machinery to be removed; (v) The location to which the vehicle, implement, or piece of machinery will be removed, including the name, address, and telephone number of the towing and storage firm removing the vehicle, implement, or piece of machinery; and (vi) The signature of the property owner or agent requesting removal of the vehicle, implement, or piece of machinery. (D) A copy of the written statement shall be left with the property owner or the on-site agent, who shall make the written statement available for inspection upon request by any person claiming an interest in the removed vehicle, implement, or piece of machinery. (E) The towing and storage firm removing the vehicle, implement, or piece of machinery shall retain a copy of the written statement for three (3) years and make the statement available during regular business hours upon request to any person claiming an interest in the removed vehicle, implement, or piece of machinery or upon request to any law enforcement officer or board investigator. (F) Unless other arrangements have been made with a repair business, a vehicle, implement, or piece of machinery on the premises of a repair business shall be deemed abandoned if either: (i) The vehicle, implement, or piece of machinery is unclaimed by the owner within forty-five (45) days; or (ii) The debt is not paid within forty-five (45) days from the time the repair work is complete. (G) A towing and storage firm shall not remove any abandoned vehicle, implement, or piece of machinery or improperly parked vehicle, implement, or piece of machinery without the authorization of the property owner or on-site agent as provided in this section except as may otherwise be authorized by the provisions of § 27-50-1201 et seq. or as directed by any law enforcement officer. (H) A towing and storage firm removing a vehicle, implement, or piece of machinery as provided by this section shall not pay any compensation related to the removal of the vehicle, implement, or piece of machinery, whether as a referral fee or otherwise, to the owner or agent requesting the removal of the vehicle, implement, or piece of machinery. (2) (A) Any person towing a vehicle, implement, or piece of machinery as provided by this section and any person towing a vehicle, implement, or piece of machinery without the authorization of the owner or the owner's agent, including towing pursuant to a directive of repossession from a holder of a security interest in the vehicle, implement, or piece of machinery, shall notify the local police department or sheriff's office within whose jurisdiction the vehicle, implement, or piece of machinery was removed of the removal within two (2) hours of taking possession of the vehicle, implement, or piece of machinery. (B) The towing and storage firm may not charge a storage fee for the vehicle, implement, or piece of machinery for the time it is stored prior to the notification required to the local police department or sheriff's office. (C) Each police department or sheriff's office receiving notification of the removal of a vehicle, implement, or piece of machinery as provided in this subsection shall maintain a log recording the following information related to the vehicle, implement, or piece of machinery: (i) Make; (ii) Model; (iii) Vehicle identification number or serial number; (iv) Date, time, and location of the removal; and (v) Name, address, and telephone number of the person removing the vehicle, implement, or piece of machinery. (D) (i) Each police department or sheriff's office that receives notification of the removal of a vehicle, implement, or piece of machinery as provided in this subsection shall within twenty-four (24) hours of notification provide to the towing and storage firm information supplied from the records of the Office of Motor Vehicle, the Arkansas Crime Information Center, or, if there is evidence in the vehicle, implement, or piece of machinery indicating that it is registered in or from another state, the registration records from that state, the name and address of the last registered owner, and the name and address of the holder of any recorded lien on the vehicle, implement, or piece of machinery. (ii) If the information under subdivision (a)(2)(D)(i) of this section is not available for an implement or piece of machinery, the police department or sheriff's office that receives notice of the removal shall provide at a minimum whether any record exists in the records of the Office of Motor Vehicle or the Arkansas Crime Information Center regarding the implement or piece of machinery. (E) (i) In the event that readily available records fail to disclose the name of the owner of the vehicle, implement, or piece of machinery or any lienholder of record, the towing and storage firm shall perform a good faith search to locate documents or other evidence of ownership and lienholder information on or within the unattended or abandoned vehicle, implement, or piece of machinery. (ii) For purposes of this subdivision (a)(2)(E), a "good faith search" means that the towing and storage firm checks the unattended or abandoned vehicle, implement, or piece of machinery for any type of license plate, license plate record, temporary permit, inspection sticker, decal, or other evidence that indicates a possible state of registration and title or other information related to the owner. (3) (A) Following removal of an abandoned vehicle or vehicle parked without authority, possession of the vehicle, notice requirements to owners and lienholders, and procedures for sale of unclaimed vehicles shall be governed by the provisions of §§ 27-50-1208 - 27-50-1210 . (B) (i) The following procedures for the sale of an abandoned and unattended vehicle that is removed from a property as provided under §§ 27-50-1208 - 27-50-1210 shall apply in the same manner to an abandoned and unattended implement or piece of machinery: (a) Possession of the implement or piece of machinery; (b) Notice to owners and lienholders; and (c) Procedures for sale. (ii) The towing and storage company shall have a first priority possessory lien on the implement or piece of machinery and its contents for all reasonable charges for towing, recovery, and storage subject to the limits provided by ordinance if one is in effect. (iii) Except as provided under subdivision (a)(3)(B)(iv) of this section, the lien against the implement or piece of machinery shall be perfected and all of the procedures related to the implement or piece of machinery shall be handled in the same manner as provided under § 27-50-1208(b) -(e) for abandoned and unattended vehicles. (iv) If information on the owner or owners of an implement or piece of machinery that is in the possession of a towing and storage company is not available under subdivisions (a)(2)(D) and (E) of this section, the towing and storage company shall provide notice by publication in a newspaper of general circulation in the region from where the implement or piece of machinery was removed and posting on the website that is sponsored and managed by the board for that purpose. (C) (i) Notwithstanding any provision of law to the contrary and to the extent that the county, city of the first class, city of the second class, or incorporated town enacted an ordinance that limits the amount of towing and storage charges assessed against the owner or operator of the vehicle, implement, or piece of machinery, the towing and storage company shall have a first priority possessory lien limited to the amount allowed under the ordinance. (ii) The towing and storage company may assess any remaining charges to the property owner or other person controlling the property who requested the vehicle, implement, or piece of machinery be removed from the property.

(1) (A) When a vehicle of a type subject to registration under the laws of this state, an implement, or a piece of machinery is found abandoned on private or public property within this state or is parked on private or public property within this state without the authorization of the property owners or other persons controlling the property, the property owner or his or her agent may have the vehicle, implement, or piece of machinery removed from the property by a towing and storage firm licensed by and subject to the rules of the Arkansas Towing and Recovery Board. (B) (i) A county, city of the first class, city of the second class, or incorporated town by ordinance may regulate the manner that a property owner or other person controlling the property removes a vehicle, implement, or piece of machinery: (a) By limiting: (1) The distance from the location of removal to the destination of storage; (2) The amount of towing and storage charges, including the towing charge, the storage charge, the administrative fee, and any other fee that may be charged, to be assessed against the owner or operator of the vehicle, implement, or piece of machinery removed from the property, with the difference between the charges allowed by the county, city, or incorporated town and the actual towing and storage charges to be assessed to the property owner or other person controlling the property that requested the removal of the vehicle; and (3) The request for removal of a vehicle, implement, or piece of machinery from the property to a towing and storage firm that accepts payment methods of cash, credit cards, or debit cards; and (b) By requiring signage under § 27-51-1305 to include: (1) The name, address, and telephone number of the towing and storage firm that may provide removal services from the parking lot; (2) The amount of towing and storage charges that may be assessed against the owner or operator of the vehicle, implement, or other machinery; and (3) Disclosing whether the towing and storage firm will accept the payment methods of cash, checks, credit cards, or debit cards. (ii) An ordinance enacted under this subdivision (a)(1)(B) shall not conflict with this section. (C) Prior to the removal of an abandoned vehicle, implement, or piece of machinery or a vehicle, implement, or piece of machinery parked without authority as provided by this section, the towing and storage firm shall obtain in writing from the property owner or agent a written statement that includes at a minimum the following: (i) Identification of the property owner or agent, including name, address, and telephone number; (ii) A statement that the property from which the vehicle, implement, or piece of machinery is to be removed is property owned or otherwise under the control of the agent requesting the removal; (iii) That the vehicle, implement, or piece of machinery is deemed abandoned or has been parked on the property without authorization, as the case may be; (iv) The make, model, and vehicle identification number or serial number of the vehicle, implement, or piece of machinery to be removed; (v) The location to which the vehicle, implement, or piece of machinery will be removed, including the name, address, and telephone number of the towing and storage firm removing the vehicle, implement, or piece of machinery; and (vi) The signature of the property owner or agent requesting removal of the vehicle, implement, or piece of machinery. (D) A copy of the written statement shall be left with the property owner or the on-site agent, who shall make the written statement available for inspection upon request by any person claiming an interest in the removed vehicle, implement, or piece of machinery. (E) The towing and storage firm removing the vehicle, implement, or piece of machinery shall retain a copy of the written statement for three (3) years and make the statement available during regular business hours upon request to any person claiming an interest in the removed vehicle, implement, or piece of machinery or upon request to any law enforcement officer or board investigator. (F) Unless other arrangements have been made with a repair business, a vehicle, implement, or piece of machinery on the premises of a repair business shall be deemed abandoned if either: (i) The vehicle, implement, or piece of machinery is unclaimed by the owner within forty-five (45) days; or (ii) The debt is not paid within forty-five (45) days from the time the repair work is complete. (G) A towing and storage firm shall not remove any abandoned vehicle, implement, or piece of machinery or improperly parked vehicle, implement, or piece of machinery without the authorization of the property owner or on-site agent as provided in this section except as may otherwise be authorized by the provisions of § 27-50-1201 et seq. or as directed by any law enforcement officer. (H) A towing and storage firm removing a vehicle, implement, or piece of machinery as provided by this section shall not pay any compensation related to the removal of the vehicle, implement, or piece of machinery, whether as a referral fee or otherwise, to the owner or agent requesting the removal of the vehicle, implement, or piece of machinery.

(A) When a vehicle of a type subject to registration under the laws of this state, an implement, or a piece of machinery is found abandoned on private or public property within this state or is parked on private or public property within this state without the authorization of the property owners or other persons controlling the property, the property owner or his or her agent may have the vehicle, implement, or piece of machinery removed from the property by a towing and storage firm licensed by and subject to the rules of the Arkansas Towing and Recovery Board.

(B) (i) A county, city of the first class, city of the second class, or incorporated town by ordinance may regulate the manner that a property owner or other person controlling the property removes a vehicle, implement, or piece of machinery: (a) By limiting: (1) The distance from the location of removal to the destination of storage; (2) The amount of towing and storage charges, including the towing charge, the storage charge, the administrative fee, and any other fee that may be charged, to be assessed against the owner or operator of the vehicle, implement, or piece of machinery removed from the property, with the difference between the charges allowed by the county, city, or incorporated town and the actual towing and storage charges to be assessed to the property owner or other person controlling the property that requested the removal of the vehicle; and (3) The request for removal of a vehicle, implement, or piece of machinery from the property to a towing and storage firm that accepts payment methods of cash, credit cards, or debit cards; and (b) By requiring signage under § 27-51-1305 to include: (1) The name, address, and telephone number of the towing and storage firm that may provide removal services from the parking lot; (2) The amount of towing and storage charges that may be assessed against the owner or operator of the vehicle, implement, or other machinery; and (3) Disclosing whether the towing and storage firm will accept the payment methods of cash, checks, credit cards, or debit cards. (ii) An ordinance enacted under this subdivision (a)(1)(B) shall not conflict with this section.

(i) A county, city of the first class, city of the second class, or incorporated town by ordinance may regulate the manner that a property owner or other person controlling the property removes a vehicle, implement, or piece of machinery: (a) By limiting: (1) The distance from the location of removal to the destination of storage; (2) The amount of towing and storage charges, including the towing charge, the storage charge, the administrative fee, and any other fee that may be charged, to be assessed against the owner or operator of the vehicle, implement, or piece of machinery removed from the property, with the difference between the charges allowed by the county, city, or incorporated town and the actual towing and storage charges to be assessed to the property owner or other person controlling the property that requested the removal of the vehicle; and (3) The request for removal of a vehicle, implement, or piece of machinery from the property to a towing and storage firm that accepts payment methods of cash, credit cards, or debit cards; and (b) By requiring signage under § 27-51-1305 to include: (1) The name, address, and telephone number of the towing and storage firm that may provide removal services from the parking lot; (2) The amount of towing and storage charges that may be assessed against the owner or operator of the vehicle, implement, or other machinery; and (3) Disclosing whether the towing and storage firm will accept the payment methods of cash, checks, credit cards, or debit cards.

(a) By limiting: (1) The distance from the location of removal to the destination of storage; (2) The amount of towing and storage charges, including the towing charge, the storage charge, the administrative fee, and any other fee that may be charged, to be assessed against the owner or operator of the vehicle, implement, or piece of machinery removed from the property, with the difference between the charges allowed by the county, city, or incorporated town and the actual towing and storage charges to be assessed to the property owner or other person controlling the property that requested the removal of the vehicle; and (3) The request for removal of a vehicle, implement, or piece of machinery from the property to a towing and storage firm that accepts payment methods of cash, credit cards, or debit cards; and

(1) The distance from the location of removal to the destination of storage;

(2) The amount of towing and storage charges, including the towing charge, the storage charge, the administrative fee, and any other fee that may be charged, to be assessed against the owner or operator of the vehicle, implement, or piece of machinery removed from the property, with the difference between the charges allowed by the county, city, or incorporated town and the actual towing and storage charges to be assessed to the property owner or other person controlling the property that requested the removal of the vehicle; and

(3) The request for removal of a vehicle, implement, or piece of machinery from the property to a towing and storage firm that accepts payment methods of cash, credit cards, or debit cards; and

(b) By requiring signage under § 27-51-1305 to include: (1) The name, address, and telephone number of the towing and storage firm that may provide removal services from the parking lot; (2) The amount of towing and storage charges that may be assessed against the owner or operator of the vehicle, implement, or other machinery; and (3) Disclosing whether the towing and storage firm will accept the payment methods of cash, checks, credit cards, or debit cards.

(1) The name, address, and telephone number of the towing and storage firm that may provide removal services from the parking lot;

(2) The amount of towing and storage charges that may be assessed against the owner or operator of the vehicle, implement, or other machinery; and

(3) Disclosing whether the towing and storage firm will accept the payment methods of cash, checks, credit cards, or debit cards.

(ii) An ordinance enacted under this subdivision (a)(1)(B) shall not conflict with this section.

(C) Prior to the removal of an abandoned vehicle, implement, or piece of machinery or a vehicle, implement, or piece of machinery parked without authority as provided by this section, the towing and storage firm shall obtain in writing from the property owner or agent a written statement that includes at a minimum the following: (i) Identification of the property owner or agent, including name, address, and telephone number; (ii) A statement that the property from which the vehicle, implement, or piece of machinery is to be removed is property owned or otherwise under the control of the agent requesting the removal; (iii) That the vehicle, implement, or piece of machinery is deemed abandoned or has been parked on the property without authorization, as the case may be; (iv) The make, model, and vehicle identification number or serial number of the vehicle, implement, or piece of machinery to be removed; (v) The location to which the vehicle, implement, or piece of machinery will be removed, including the name, address, and telephone number of the towing and storage firm removing the vehicle, implement, or piece of machinery; and (vi) The signature of the property owner or agent requesting removal of the vehicle, implement, or piece of machinery.

(i) Identification of the property owner or agent, including name, address, and telephone number;

(ii) A statement that the property from which the vehicle, implement, or piece of machinery is to be removed is property owned or otherwise under the control of the agent requesting the removal;

(iii) That the vehicle, implement, or piece of machinery is deemed abandoned or has been parked on the property without authorization, as the case may be;

(iv) The make, model, and vehicle identification number or serial number of the vehicle, implement, or piece of machinery to be removed;

(v) The location to which the vehicle, implement, or piece of machinery will be removed, including the name, address, and telephone number of the towing and storage firm removing the vehicle, implement, or piece of machinery; and

(vi) The signature of the property owner or agent requesting removal of the vehicle, implement, or piece of machinery.

(D) A copy of the written statement shall be left with the property owner or the on-site agent, who shall make the written statement available for inspection upon request by any person claiming an interest in the removed vehicle, implement, or piece of machinery.

(E) The towing and storage firm removing the vehicle, implement, or piece of machinery shall retain a copy of the written statement for three (3) years and make the statement available during regular business hours upon request to any person claiming an interest in the removed vehicle, implement, or piece of machinery or upon request to any law enforcement officer or board investigator.

(F) Unless other arrangements have been made with a repair business, a vehicle, implement, or piece of machinery on the premises of a repair business shall be deemed abandoned if either: (i) The vehicle, implement, or piece of machinery is unclaimed by the owner within forty-five (45) days; or (ii) The debt is not paid within forty-five (45) days from the time the repair work is complete.

(i) The vehicle, implement, or piece of machinery is unclaimed by the owner within forty-five (45) days; or

(ii) The debt is not paid within forty-five (45) days from the time the repair work is complete.

(G) A towing and storage firm shall not remove any abandoned vehicle, implement, or piece of machinery or improperly parked vehicle, implement, or piece of machinery without the authorization of the property owner or on-site agent as provided in this section except as may otherwise be authorized by the provisions of § 27-50-1201 et seq. or as directed by any law enforcement officer.

(H) A towing and storage firm removing a vehicle, implement, or piece of machinery as provided by this section shall not pay any compensation related to the removal of the vehicle, implement, or piece of machinery, whether as a referral fee or otherwise, to the owner or agent requesting the removal of the vehicle, implement, or piece of machinery.

(2) (A) Any person towing a vehicle, implement, or piece of machinery as provided by this section and any person towing a vehicle, implement, or piece of machinery without the authorization of the owner or the owner's agent, including towing pursuant to a directive of repossession from a holder of a security interest in the vehicle, implement, or piece of machinery, shall notify the local police department or sheriff's office within whose jurisdiction the vehicle, implement, or piece of machinery was removed of the removal within two (2) hours of taking possession of the vehicle, implement, or piece of machinery. (B) The towing and storage firm may not charge a storage fee for the vehicle, implement, or piece of machinery for the time it is stored prior to the notification required to the local police department or sheriff's office. (C) Each police department or sheriff's office receiving notification of the removal of a vehicle, implement, or piece of machinery as provided in this subsection shall maintain a log recording the following information related to the vehicle, implement, or piece of machinery: (i) Make; (ii) Model; (iii) Vehicle identification number or serial number; (iv) Date, time, and location of the removal; and (v) Name, address, and telephone number of the person removing the vehicle, implement, or piece of machinery. (D) (i) Each police department or sheriff's office that receives notification of the removal of a vehicle, implement, or piece of machinery as provided in this subsection shall within twenty-four (24) hours of notification provide to the towing and storage firm information supplied from the records of the Office of Motor Vehicle, the Arkansas Crime Information Center, or, if there is evidence in the vehicle, implement, or piece of machinery indicating that it is registered in or from another state, the registration records from that state, the name and address of the last registered owner, and the name and address of the holder of any recorded lien on the vehicle, implement, or piece of machinery. (ii) If the information under subdivision (a)(2)(D)(i) of this section is not available for an implement or piece of machinery, the police department or sheriff's office that receives notice of the removal shall provide at a minimum whether any record exists in the records of the Office of Motor Vehicle or the Arkansas Crime Information Center regarding the implement or piece of machinery. (E) (i) In the event that readily available records fail to disclose the name of the owner of the vehicle, implement, or piece of machinery or any lienholder of record, the towing and storage firm shall perform a good faith search to locate documents or other evidence of ownership and lienholder information on or within the unattended or abandoned vehicle, implement, or piece of machinery. (ii) For purposes of this subdivision (a)(2)(E), a "good faith search" means that the towing and storage firm checks the unattended or abandoned vehicle, implement, or piece of machinery for any type of license plate, license plate record, temporary permit, inspection sticker, decal, or other evidence that indicates a possible state of registration and title or other information related to the owner.

(A) Any person towing a vehicle, implement, or piece of machinery as provided by this section and any person towing a vehicle, implement, or piece of machinery without the authorization of the owner or the owner's agent, including towing pursuant to a directive of repossession from a holder of a security interest in the vehicle, implement, or piece of machinery, shall notify the local police department or sheriff's office within whose jurisdiction the vehicle, implement, or piece of machinery was removed of the removal within two (2) hours of taking possession of the vehicle, implement, or piece of machinery.

(B) The towing and storage firm may not charge a storage fee for the vehicle, implement, or piece of machinery for the time it is stored prior to the notification required to the local police department or sheriff's office.

(C) Each police department or sheriff's office receiving notification of the removal of a vehicle, implement, or piece of machinery as provided in this subsection shall maintain a log recording the following information related to the vehicle, implement, or piece of machinery: (i) Make; (ii) Model; (iii) Vehicle identification number or serial number; (iv) Date, time, and location of the removal; and (v) Name, address, and telephone number of the person removing the vehicle, implement, or piece of machinery.

(i) Make;

(ii) Model;

(iii) Vehicle identification number or serial number;

(iv) Date, time, and location of the removal; and

(v) Name, address, and telephone number of the person removing the vehicle, implement, or piece of machinery.

(D) (i) Each police department or sheriff's office that receives notification of the removal of a vehicle, implement, or piece of machinery as provided in this subsection shall within twenty-four (24) hours of notification provide to the towing and storage firm information supplied from the records of the Office of Motor Vehicle, the Arkansas Crime Information Center, or, if there is evidence in the vehicle, implement, or piece of machinery indicating that it is registered in or from another state, the registration records from that state, the name and address of the last registered owner, and the name and address of the holder of any recorded lien on the vehicle, implement, or piece of machinery. (ii) If the information under subdivision (a)(2)(D)(i) of this section is not available for an implement or piece of machinery, the police department or sheriff's office that receives notice of the removal shall provide at a minimum whether any record exists in the records of the Office of Motor Vehicle or the Arkansas Crime Information Center regarding the implement or piece of machinery.

(i) Each police department or sheriff's office that receives notification of the removal of a vehicle, implement, or piece of machinery as provided in this subsection shall within twenty-four (24) hours of notification provide to the towing and storage firm information supplied from the records of the Office of Motor Vehicle, the Arkansas Crime Information Center, or, if there is evidence in the vehicle, implement, or piece of machinery indicating that it is registered in or from another state, the registration records from that state, the name and address of the last registered owner, and the name and address of the holder of any recorded lien on the vehicle, implement, or piece of machinery.

(ii) If the information under subdivision (a)(2)(D)(i) of this section is not available for an implement or piece of machinery, the police department or sheriff's office that receives notice of the removal shall provide at a minimum whether any record exists in the records of the Office of Motor Vehicle or the Arkansas Crime Information Center regarding the implement or piece of machinery.

(E) (i) In the event that readily available records fail to disclose the name of the owner of the vehicle, implement, or piece of machinery or any lienholder of record, the towing and storage firm shall perform a good faith search to locate documents or other evidence of ownership and lienholder information on or within the unattended or abandoned vehicle, implement, or piece of machinery. (ii) For purposes of this subdivision (a)(2)(E), a "good faith search" means that the towing and storage firm checks the unattended or abandoned vehicle, implement, or piece of machinery for any type of license plate, license plate record, temporary permit, inspection sticker, decal, or other evidence that indicates a possible state of registration and title or other information related to the owner.

(i) In the event that readily available records fail to disclose the name of the owner of the vehicle, implement, or piece of machinery or any lienholder of record, the towing and storage firm shall perform a good faith search to locate documents or other evidence of ownership and lienholder information on or within the unattended or abandoned vehicle, implement, or piece of machinery.

(ii) For purposes of this subdivision (a)(2)(E), a "good faith search" means that the towing and storage firm checks the unattended or abandoned vehicle, implement, or piece of machinery for any type of license plate, license plate record, temporary permit, inspection sticker, decal, or other evidence that indicates a possible state of registration and title or other information related to the owner.

(3) (A) Following removal of an abandoned vehicle or vehicle parked without authority, possession of the vehicle, notice requirements to owners and lienholders, and procedures for sale of unclaimed vehicles shall be governed by the provisions of §§ 27-50-1208 - 27-50-1210 . (B) (i) The following procedures for the sale of an abandoned and unattended vehicle that is removed from a property as provided under §§ 27-50-1208 - 27-50-1210 shall apply in the same manner to an abandoned and unattended implement or piece of machinery: (a) Possession of the implement or piece of machinery; (b) Notice to owners and lienholders; and (c) Procedures for sale. (ii) The towing and storage company shall have a first priority possessory lien on the implement or piece of machinery and its contents for all reasonable charges for towing, recovery, and storage subject to the limits provided by ordinance if one is in effect. (iii) Except as provided under subdivision (a)(3)(B)(iv) of this section, the lien against the implement or piece of machinery shall be perfected and all of the procedures related to the implement or piece of machinery shall be handled in the same manner as provided under § 27-50-1208(b) -(e) for abandoned and unattended vehicles. (iv) If information on the owner or owners of an implement or piece of machinery that is in the possession of a towing and storage company is not available under subdivisions (a)(2)(D) and (E) of this section, the towing and storage company shall provide notice by publication in a newspaper of general circulation in the region from where the implement or piece of machinery was removed and posting on the website that is sponsored and managed by the board for that purpose. (C) (i) Notwithstanding any provision of law to the contrary and to the extent that the county, city of the first class, city of the second class, or incorporated town enacted an ordinance that limits the amount of towing and storage charges assessed against the owner or operator of the vehicle, implement, or piece of machinery, the towing and storage company shall have a first priority possessory lien limited to the amount allowed under the ordinance. (ii) The towing and storage company may assess any remaining charges to the property owner or other person controlling the property who requested the vehicle, implement, or piece of machinery be removed from the property.

(A) Following removal of an abandoned vehicle or vehicle parked without authority, possession of the vehicle, notice requirements to owners and lienholders, and procedures for sale of unclaimed vehicles shall be governed by the provisions of §§ 27-50-1208 - 27-50-1210 .

(B) (i) The following procedures for the sale of an abandoned and unattended vehicle that is removed from a property as provided under §§ 27-50-1208 - 27-50-1210 shall apply in the same manner to an abandoned and unattended implement or piece of machinery: (a) Possession of the implement or piece of machinery; (b) Notice to owners and lienholders; and (c) Procedures for sale. (ii) The towing and storage company shall have a first priority possessory lien on the implement or piece of machinery and its contents for all reasonable charges for towing, recovery, and storage subject to the limits provided by ordinance if one is in effect. (iii) Except as provided under subdivision (a)(3)(B)(iv) of this section, the lien against the implement or piece of machinery shall be perfected and all of the procedures related to the implement or piece of machinery shall be handled in the same manner as provided under § 27-50-1208(b) -(e) for abandoned and unattended vehicles. (iv) If information on the owner or owners of an implement or piece of machinery that is in the possession of a towing and storage company is not available under subdivisions (a)(2)(D) and (E) of this section, the towing and storage company shall provide notice by publication in a newspaper of general circulation in the region from where the implement or piece of machinery was removed and posting on the website that is sponsored and managed by the board for that purpose.

(i) The following procedures for the sale of an abandoned and unattended vehicle that is removed from a property as provided under §§ 27-50-1208 - 27-50-1210 shall apply in the same manner to an abandoned and unattended implement or piece of machinery: (a) Possession of the implement or piece of machinery; (b) Notice to owners and lienholders; and (c) Procedures for sale.

(a) Possession of the implement or piece of machinery;

(b) Notice to owners and lienholders; and

(c) Procedures for sale.

(ii) The towing and storage company shall have a first priority possessory lien on the implement or piece of machinery and its contents for all reasonable charges for towing, recovery, and storage subject to the limits provided by ordinance if one is in effect.

(iii) Except as provided under subdivision (a)(3)(B)(iv) of this section, the lien against the implement or piece of machinery shall be perfected and all of the procedures related to the implement or piece of machinery shall be handled in the same manner as provided under § 27-50-1208(b) -(e) for abandoned and unattended vehicles.

(iv) If information on the owner or owners of an implement or piece of machinery that is in the possession of a towing and storage company is not available under subdivisions (a)(2)(D) and (E) of this section, the towing and storage company shall provide notice by publication in a newspaper of general circulation in the region from where the implement or piece of machinery was removed and posting on the website that is sponsored and managed by the board for that purpose.

(C) (i) Notwithstanding any provision of law to the contrary and to the extent that the county, city of the first class, city of the second class, or incorporated town enacted an ordinance that limits the amount of towing and storage charges assessed against the owner or operator of the vehicle, implement, or piece of machinery, the towing and storage company shall have a first priority possessory lien limited to the amount allowed under the ordinance. (ii) The towing and storage company may assess any remaining charges to the property owner or other person controlling the property who requested the vehicle, implement, or piece of machinery be removed from the property.

(i) Notwithstanding any provision of law to the contrary and to the extent that the county, city of the first class, city of the second class, or incorporated town enacted an ordinance that limits the amount of towing and storage charges assessed against the owner or operator of the vehicle, implement, or piece of machinery, the towing and storage company shall have a first priority possessory lien limited to the amount allowed under the ordinance.

(ii) The towing and storage company may assess any remaining charges to the property owner or other person controlling the property who requested the vehicle, implement, or piece of machinery be removed from the property.

(b) A county or city attorney may refer a possible violation of this section or an ordinance enacted under this section to the board for investigation.

(c) (1) It shall be unlawful for a person to: (A) Direct the removal of or to remove a vehicle, implement, or piece of machinery in violation of this section; and (B) Violate or aid or abet any violation of this section. (2) (A) A person who pleads guilty or nolo contendere to or is found guilty of any violation of this section is guilty of a Class B misdemeanor. (B) The information related to a plea of guilty or nolo contendere to or conviction for a violation as provided under subdivision (c)(2)(A) of this section shall be reported to the board. (3) The removal of each vehicle, implement, or piece of machinery in violation of this section shall constitute a distinct and separate offense.

(1) It shall be unlawful for a person to: (A) Direct the removal of or to remove a vehicle, implement, or piece of machinery in violation of this section; and (B) Violate or aid or abet any violation of this section.

(A) Direct the removal of or to remove a vehicle, implement, or piece of machinery in violation of this section; and

(B) Violate or aid or abet any violation of this section.

(2) (A) A person who pleads guilty or nolo contendere to or is found guilty of any violation of this section is guilty of a Class B misdemeanor. (B) The information related to a plea of guilty or nolo contendere to or conviction for a violation as provided under subdivision (c)(2)(A) of this section shall be reported to the board.

(A) A person who pleads guilty or nolo contendere to or is found guilty of any violation of this section is guilty of a Class B misdemeanor.

(B) The information related to a plea of guilty or nolo contendere to or conviction for a violation as provided under subdivision (c)(2)(A) of this section shall be reported to the board.

(3) The removal of each vehicle, implement, or piece of machinery in violation of this section shall constitute a distinct and separate offense.

Amended by Act 2021, No. 794,§ 1, eff. 7/28/2021.

Amended by Act 2013, No. 1319,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 1319,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1319,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1319,§ 1, eff. 8/16/2013.

Acts 1953, No. 344, § 1; 1969, No. 195, § 1; 1981, No. 433, § 1; A.S.A. 1947, § 75-1034; Acts 1987, No. 166, § 1; 1987, No. 828, § 1; 1989, No. 680, § 1; 1997, No. 841, § 1; 1999, No. 1279, §§ 1, 6; 2001, No. 328, § 3; 2005, No. 2211, § 1; 2007, No. 861, § 1; 2009, No. 681, § 1.
Ark. Code Ann. § 27-16-1204 — AR Code / Title 27 / Chapter 16 / Subchapter 12 / Section 27-16-1204
System development - Definition
Status: in_force

(a) Notwithstanding any other provision of law, the Secretary of the Department of Finance and Administration may perform any system development necessary to implement the requirements of this subchapter. (b) As used in this section, "system development" includes without limitation the following: (1) Acquisition of equipment and information technology systems and services; (2) Modification, conversion, or upgrade of the Department of Finance and Administration's existing databases, equipment, and information technology systems; (3) Establishment of electronic connectivity with any other state's motor vehicle department, federal agency, association, or business; (4) Creation of a new design for driver's licenses, driver permits, and identification cards that will meet the minimum content, design, and security standards required by this subchapter; (5) Collection, management, and retention of personal information and identity documents; and (6) Development and implementation of a comprehensive security plan to ensure the security and integrity of the Department of Finance and Administration's: (A) Employees; (B) Facilities; (C) Storage systems; (D) Production of: (i) Driver's licenses; (ii) Driver permits; and (iii) Identification cards; and (E) Collection and retention of personal information and identity documents. Amended by Act 2019, No. 910,§ 4677, eff. 7/1/2019. Acts 2009, No. 1308, § 1.

(a) Notwithstanding any other provision of law, the Secretary of the Department of Finance and Administration may perform any system development necessary to implement the requirements of this subchapter.

(b) As used in this section, "system development" includes without limitation the following: (1) Acquisition of equipment and information technology systems and services; (2) Modification, conversion, or upgrade of the Department of Finance and Administration's existing databases, equipment, and information technology systems; (3) Establishment of electronic connectivity with any other state's motor vehicle department, federal agency, association, or business; (4) Creation of a new design for driver's licenses, driver permits, and identification cards that will meet the minimum content, design, and security standards required by this subchapter; (5) Collection, management, and retention of personal information and identity documents; and (6) Development and implementation of a comprehensive security plan to ensure the security and integrity of the Department of Finance and Administration's: (A) Employees; (B) Facilities; (C) Storage systems; (D) Production of: (i) Driver's licenses; (ii) Driver permits; and (iii) Identification cards; and (E) Collection and retention of personal information and identity documents.

(1) Acquisition of equipment and information technology systems and services;

(2) Modification, conversion, or upgrade of the Department of Finance and Administration's existing databases, equipment, and information technology systems;

(3) Establishment of electronic connectivity with any other state's motor vehicle department, federal agency, association, or business;

(4) Creation of a new design for driver's licenses, driver permits, and identification cards that will meet the minimum content, design, and security standards required by this subchapter;

(5) Collection, management, and retention of personal information and identity documents; and

(6) Development and implementation of a comprehensive security plan to ensure the security and integrity of the Department of Finance and Administration's: (A) Employees; (B) Facilities; (C) Storage systems; (D) Production of: (i) Driver's licenses; (ii) Driver permits; and (iii) Identification cards; and (E) Collection and retention of personal information and identity documents.

(A) Employees;

(B) Facilities;

(C) Storage systems;

(D) Production of: (i) Driver's licenses; (ii) Driver permits; and (iii) Identification cards; and

(i) Driver's licenses;

(ii) Driver permits; and

(iii) Identification cards; and

(E) Collection and retention of personal information and identity documents.

Amended by Act 2019, No. 910,§ 4677, eff. 7/1/2019.

Acts 2009, No. 1308, § 1.
Ark. Code Ann. § 27-101-104 — AR Code / Title 27 / Chapter 101 / Subchapter 1 / Section 27-101-104
Penalties
Status: in_force

(a) Any person who violates any provision of § 27-101-202(8) , §§ 27-101-203 , 27-101-301 , 27-101-303 - 27-101-306 , and 27-101-308 - 27-101-312 shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) and not to exceed two hundred fifty dollars ($250) for each violation. (b) Any person who violates any provision of § 27-101-202(2) -(6), (9), and (12), and § 27-101-204 shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) and not to exceed five hundred dollars ($500) for each violation. (c) Any person who violates any provision of § 27-101-202(1), (7), and (10) -(12) shall be guilty of a misdemeanor and shall be subject to a fine of not less than two hundred fifty dollars ($250) and not to exceed one thousand dollars ($1,000) or imprisonment not to exceed six (6) months or both fine and imprisonment for each violation. Acts 1959, No. 453, § 20; A.S.A. 1947, § 21-240; Acts 1995, No. 517, § 2.

(a) Any person who violates any provision of § 27-101-202(8) , §§ 27-101-203 , 27-101-301 , 27-101-303 - 27-101-306 , and 27-101-308 - 27-101-312 shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) and not to exceed two hundred fifty dollars ($250) for each violation.

(b) Any person who violates any provision of § 27-101-202(2) -(6), (9), and (12), and § 27-101-204 shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) and not to exceed five hundred dollars ($500) for each violation.

(c) Any person who violates any provision of § 27-101-202(1), (7), and (10) -(12) shall be guilty of a misdemeanor and shall be subject to a fine of not less than two hundred fifty dollars ($250) and not to exceed one thousand dollars ($1,000) or imprisonment not to exceed six (6) months or both fine and imprisonment for each violation.

Acts 1959, No. 453, § 20; A.S.A. 1947, § 21-240; Acts 1995, No. 517, § 2.
Ark. Code Ann. § 27-53-302 — AR Code / Title 27 / Chapter 53 / Subchapter 3 / Section 27-53-302
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Investigating officer" means any state, county, or municipal law enforcement official within his or her jurisdiction; (2) "Traffic accidents" means accidents occurring to persons, including pedestrians, motor vehicles, and animals, incidental to and as a consequence of the flow of vehicles and pedestrians along the public highways, roads, and streets of Arkansas; and (3) "Traffic accident report" means the written report required of the investigating officer, including any later supplements, which describes the site, location, and manner of occurrence of the accident, the persons and vehicles involved, and any other pertinent data that may be useful in the determination of the causes of the accident. Acts 1967, No. 246, § 2; A.S.A. 1947, § 75-923.

As used in this subchapter, unless the context otherwise requires:

(1) "Investigating officer" means any state, county, or municipal law enforcement official within his or her jurisdiction;

(2) "Traffic accidents" means accidents occurring to persons, including pedestrians, motor vehicles, and animals, incidental to and as a consequence of the flow of vehicles and pedestrians along the public highways, roads, and streets of Arkansas; and

(3) "Traffic accident report" means the written report required of the investigating officer, including any later supplements, which describes the site, location, and manner of occurrence of the accident, the persons and vehicles involved, and any other pertinent data that may be useful in the determination of the causes of the accident.

Acts 1967, No. 246, § 2; A.S.A. 1947, § 75-923.
Ark. Code Ann. § 27-24-1412 — AR Code / Title 27 / Chapter 24 / Subchapter 14 / Section 27-24-1412
Support of Court Appointed Special Advocates
Status: in_force

(a) The Secretary of the Department of Finance and Administration shall issue a special license plate for support of the Arkansas Court Appointed Special Advocates program in the manner and subject to the conditions provided for under this subchapter. (b) The special motor vehicle license plate shall be: (1) (A) Designed by the Arkansas State CASA Association. (B) The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and (2) Numbered consecutively. (c) The secretary shall determine the amount of the costs for the issuance of the special license plate under this section as follows: (1) The fee for the cost of initial orders of the new design, which shall be based on the cost of the initial order; (2) The number of applications that must be received to cover the cost of the initial order of the new design; or (3) The combination of subdivisions (c)(1) and (2) of this section that must be received to cover the cost of the initial order of the new design. (d) The Department of Finance and Administration shall issue a special license plate under this section upon payment of: (1) The fee required by law for registration of the motor vehicle; (2) (A) Twenty-five dollars ($25.00) to cover the design-use contribution. (B) The design-use contribution shall be remitted monthly to the Arkansas Court Appointed Special Advocates Program Fund to be used for Arkansas Court Appointed Special Advocates Program Fund purposes; and (3) (A) A handling and administrative fee of ten dollars ($10.00). (B) The handling and administrative fee shall be: (i) Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and (ii) Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division. (C) The handling and administrative fee shall not be considered or credited to the division as direct revenue. (e) (1) A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405 . (2) However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the Arkansas Court Appointed Special Advocates Program Fund. Amended by Act 2019, No. 910,§ 4784, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4783, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4782, eff. 7/1/2019. Added by Act 2013, No. 545,§ 1, eff. 1/1/2014.

(a) The Secretary of the Department of Finance and Administration shall issue a special license plate for support of the Arkansas Court Appointed Special Advocates program in the manner and subject to the conditions provided for under this subchapter.

(b) The special motor vehicle license plate shall be: (1) (A) Designed by the Arkansas State CASA Association. (B) The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and (2) Numbered consecutively.

(1) (A) Designed by the Arkansas State CASA Association. (B) The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and

(A) Designed by the Arkansas State CASA Association.

(B) The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and

(2) Numbered consecutively.

(c) The secretary shall determine the amount of the costs for the issuance of the special license plate under this section as follows: (1) The fee for the cost of initial orders of the new design, which shall be based on the cost of the initial order; (2) The number of applications that must be received to cover the cost of the initial order of the new design; or (3) The combination of subdivisions (c)(1) and (2) of this section that must be received to cover the cost of the initial order of the new design.

(1) The fee for the cost of initial orders of the new design, which shall be based on the cost of the initial order;

(2) The number of applications that must be received to cover the cost of the initial order of the new design; or

(3) The combination of subdivisions (c)(1) and (2) of this section that must be received to cover the cost of the initial order of the new design.

(d) The Department of Finance and Administration shall issue a special license plate under this section upon payment of: (1) The fee required by law for registration of the motor vehicle; (2) (A) Twenty-five dollars ($25.00) to cover the design-use contribution. (B) The design-use contribution shall be remitted monthly to the Arkansas Court Appointed Special Advocates Program Fund to be used for Arkansas Court Appointed Special Advocates Program Fund purposes; and (3) (A) A handling and administrative fee of ten dollars ($10.00). (B) The handling and administrative fee shall be: (i) Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and (ii) Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division. (C) The handling and administrative fee shall not be considered or credited to the division as direct revenue.

(1) The fee required by law for registration of the motor vehicle;

(2) (A) Twenty-five dollars ($25.00) to cover the design-use contribution. (B) The design-use contribution shall be remitted monthly to the Arkansas Court Appointed Special Advocates Program Fund to be used for Arkansas Court Appointed Special Advocates Program Fund purposes; and

(A) Twenty-five dollars ($25.00) to cover the design-use contribution.

(B) The design-use contribution shall be remitted monthly to the Arkansas Court Appointed Special Advocates Program Fund to be used for Arkansas Court Appointed Special Advocates Program Fund purposes; and

(3) (A) A handling and administrative fee of ten dollars ($10.00). (B) The handling and administrative fee shall be: (i) Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and (ii) Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division. (C) The handling and administrative fee shall not be considered or credited to the division as direct revenue.

(A) A handling and administrative fee of ten dollars ($10.00).

(B) The handling and administrative fee shall be: (i) Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and (ii) Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.

(i) Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and

(ii) Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division.

(C) The handling and administrative fee shall not be considered or credited to the division as direct revenue.

(e) (1) A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405 . (2) However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the Arkansas Court Appointed Special Advocates Program Fund.

(1) A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405 .

(2) However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the Arkansas Court Appointed Special Advocates Program Fund.

Amended by Act 2019, No. 910,§ 4784, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4783, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4782, eff. 7/1/2019.

Added by Act 2013, No. 545,§ 1, eff. 1/1/2014.
Ark. Code Ann. § 27-51-1704 — AR Code / Title 27 / Chapter 51 / Subchapter 17 / Section 27-51-1704
Equipment
Status: in_force

(a) An electric bicycle shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission, 16 C.F.R. part 1512. (b) On and after January 1, 2018, a manufacturer or distributor of electric bicycles shall apply a label in at least 9-point font that is permanently affixed in a prominent location to each electric bicycle identifying the: (1) Classification number; (2) Top assisted speed; and (3) Motor wattage of the electric bicycle. (c) A person shall not tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, unless he or she appropriately replaces the label indicating the classification required in subsection (b) of this section. (d) (1) A Class 2 electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. (2) A Class 1 electric bicycle and a Class 3 electric bicycle shall operate in a manner so that the motor will disengage through or cease to function when the operator stops pedaling. Added by Act 2017, No. 956,§ 3, eff. 8/1/2017.

(a) An electric bicycle shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission, 16 C.F.R. part 1512.

(b) On and after January 1, 2018, a manufacturer or distributor of electric bicycles shall apply a label in at least 9-point font that is permanently affixed in a prominent location to each electric bicycle identifying the: (1) Classification number; (2) Top assisted speed; and (3) Motor wattage of the electric bicycle.

(1) Classification number;

(2) Top assisted speed; and

(3) Motor wattage of the electric bicycle.

(c) A person shall not tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, unless he or she appropriately replaces the label indicating the classification required in subsection (b) of this section.

(d) (1) A Class 2 electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. (2) A Class 1 electric bicycle and a Class 3 electric bicycle shall operate in a manner so that the motor will disengage through or cease to function when the operator stops pedaling.

(1) A Class 2 electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied.

(2) A Class 1 electric bicycle and a Class 3 electric bicycle shall operate in a manner so that the motor will disengage through or cease to function when the operator stops pedaling.

Added by Act 2017, No. 956,§ 3, eff. 8/1/2017.
Ark. Code Ann. § 27-25-102 — AR Code / Title 27 / Chapter 25 / Section 27-25-102
Definitions
Status: in_force

(1) "Car-sharing delivery period" means the period of time during which a shared vehicle is being delivered to the location designated in a peer-to-peer car-sharing program agreement of the car-sharing start time, if applicable, as documented by a peer-to-peer car-sharing program agreement; (2) "Car-sharing period" means a period of time: (A) That commences with the car-sharing delivery period and ends at the car-sharing termination time; or (B) If there is no car-sharing delivery period, that commences with the car-sharing start time and ends at the car-sharing termination time; (3) "Car-sharing start time" means the time when a shared vehicle becomes subject to the control of the shared-vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car-sharing program; (4) "Car-sharing termination time" means the earliest of the following events: (A) The expiration of the agreed-upon period of time established for the use of a shared vehicle according to the terms of the peer-to-peer car-sharing program agreement if the shared vehicle is delivered to the location agreed to in the peer-to-peer car-sharing program agreement; (B) The return of the shared vehicle to an alternative location agreed upon by the shared-vehicle owner and the shared-vehicle driver as communicated through a peer-to-peer car-sharing program agreement, which alternatively-agreed-upon-location shall be incorporated into the peer-to-peer car-sharing program agreement; or (C) The taking of possession and control of the shared vehicle by the shared-vehicle owner or an authorized designee of the shared-vehicle owner; (5) (A) "Peer-to-peer car sharing" means the authorized use of a motor vehicle by an individual other than the owner of the motor vehicle through a peer-to-peer car-sharing program. (B) "Peer-to-peer car sharing" does not include the: (i) Services offered by a rental company that provides a rental vehicle under a rental agreement under § 23-64-202 ; (ii) Services provided under the Transportation Network Company Services Act, § 23-13-701 et seq.; or (iii) Renting of a motor vehicle to another under § 27-16-605 ; (6) (A) "Peer-to-peer car-sharing program" means a business platform that connects an owner of a motor vehicle with a driver to enable the sharing of a motor vehicle for financial consideration. (B) "Peer-to-peer car-sharing program" does not include a: (i) Rental company as defined in § 23-64-202 ; (ii) Person or entity renting a motor vehicle to another person or entity under § 27-16-605 ; (iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.; (7) (A) "Peer-to-peer car-sharing program agreement" means the terms and conditions applicable to a shared-vehicle owner and a shared-vehicle driver that govern the use of a shared vehicle through a peer-to-peer car-sharing program. (B) "Peer-to-peer car-sharing program agreement" does not mean: (i) A rental agreement as defined in § 23-64-202 ; or (ii) Any agreement for the rental or use of a vehicle with a person or entity engaged in the business of renting a motor vehicle without a driver; (8) (A) "Shared vehicle" means a motor vehicle that is available for sharing through a peer-to-peer car-sharing program. (B) "Shared vehicle" does not mean a: (i) Vehicle or rental vehicle as defined in § 23-64-202 ; or (ii) Motor vehicle that is rented under § 27-16-605 ; (9) "Shared-vehicle driver" means an individual who is authorized to drive a shared vehicle by a shared-vehicle owner under a peer-to-peer car-sharing program agreement; and (10) (A) "Shared-vehicle owner" means the registered owner, or a person or entity designated by the registered owner, of a motor vehicle made available for sharing to a shared-vehicle driver through a peer-to-peer car-sharing program. (B) "Shared-vehicle owner" does not mean a: (i) Rental car company as defined in § 23-64-202 ; (ii) Person or entity engaged in the business of renting a motor vehicle without a driver; (iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq. Added by Act 2023, No. 686,§ 3, eff. 8/1/2023.

(1) "Car-sharing delivery period" means the period of time during which a shared vehicle is being delivered to the location designated in a peer-to-peer car-sharing program agreement of the car-sharing start time, if applicable, as documented by a peer-to-peer car-sharing program agreement;

(2) "Car-sharing period" means a period of time: (A) That commences with the car-sharing delivery period and ends at the car-sharing termination time; or (B) If there is no car-sharing delivery period, that commences with the car-sharing start time and ends at the car-sharing termination time;

(A) That commences with the car-sharing delivery period and ends at the car-sharing termination time; or

(B) If there is no car-sharing delivery period, that commences with the car-sharing start time and ends at the car-sharing termination time;

(3) "Car-sharing start time" means the time when a shared vehicle becomes subject to the control of the shared-vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car-sharing program;

(4) "Car-sharing termination time" means the earliest of the following events: (A) The expiration of the agreed-upon period of time established for the use of a shared vehicle according to the terms of the peer-to-peer car-sharing program agreement if the shared vehicle is delivered to the location agreed to in the peer-to-peer car-sharing program agreement; (B) The return of the shared vehicle to an alternative location agreed upon by the shared-vehicle owner and the shared-vehicle driver as communicated through a peer-to-peer car-sharing program agreement, which alternatively-agreed-upon-location shall be incorporated into the peer-to-peer car-sharing program agreement; or (C) The taking of possession and control of the shared vehicle by the shared-vehicle owner or an authorized designee of the shared-vehicle owner;

(A) The expiration of the agreed-upon period of time established for the use of a shared vehicle according to the terms of the peer-to-peer car-sharing program agreement if the shared vehicle is delivered to the location agreed to in the peer-to-peer car-sharing program agreement;

(B) The return of the shared vehicle to an alternative location agreed upon by the shared-vehicle owner and the shared-vehicle driver as communicated through a peer-to-peer car-sharing program agreement, which alternatively-agreed-upon-location shall be incorporated into the peer-to-peer car-sharing program agreement; or

(C) The taking of possession and control of the shared vehicle by the shared-vehicle owner or an authorized designee of the shared-vehicle owner;

(5) (A) "Peer-to-peer car sharing" means the authorized use of a motor vehicle by an individual other than the owner of the motor vehicle through a peer-to-peer car-sharing program. (B) "Peer-to-peer car sharing" does not include the: (i) Services offered by a rental company that provides a rental vehicle under a rental agreement under § 23-64-202 ; (ii) Services provided under the Transportation Network Company Services Act, § 23-13-701 et seq.; or (iii) Renting of a motor vehicle to another under § 27-16-605 ;

(A) "Peer-to-peer car sharing" means the authorized use of a motor vehicle by an individual other than the owner of the motor vehicle through a peer-to-peer car-sharing program.

(B) "Peer-to-peer car sharing" does not include the: (i) Services offered by a rental company that provides a rental vehicle under a rental agreement under § 23-64-202 ; (ii) Services provided under the Transportation Network Company Services Act, § 23-13-701 et seq.; or (iii) Renting of a motor vehicle to another under § 27-16-605 ;

(i) Services offered by a rental company that provides a rental vehicle under a rental agreement under § 23-64-202 ;

(ii) Services provided under the Transportation Network Company Services Act, § 23-13-701 et seq.; or

(iii) Renting of a motor vehicle to another under § 27-16-605 ;

(6) (A) "Peer-to-peer car-sharing program" means a business platform that connects an owner of a motor vehicle with a driver to enable the sharing of a motor vehicle for financial consideration. (B) "Peer-to-peer car-sharing program" does not include a: (i) Rental company as defined in § 23-64-202 ; (ii) Person or entity renting a motor vehicle to another person or entity under § 27-16-605 ; (iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.;

(A) "Peer-to-peer car-sharing program" means a business platform that connects an owner of a motor vehicle with a driver to enable the sharing of a motor vehicle for financial consideration.

(B) "Peer-to-peer car-sharing program" does not include a: (i) Rental company as defined in § 23-64-202 ; (ii) Person or entity renting a motor vehicle to another person or entity under § 27-16-605 ; (iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.;

(i) Rental company as defined in § 23-64-202 ;

(ii) Person or entity renting a motor vehicle to another person or entity under § 27-16-605 ;

(iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or

(iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.;

(7) (A) "Peer-to-peer car-sharing program agreement" means the terms and conditions applicable to a shared-vehicle owner and a shared-vehicle driver that govern the use of a shared vehicle through a peer-to-peer car-sharing program. (B) "Peer-to-peer car-sharing program agreement" does not mean: (i) A rental agreement as defined in § 23-64-202 ; or (ii) Any agreement for the rental or use of a vehicle with a person or entity engaged in the business of renting a motor vehicle without a driver;

(A) "Peer-to-peer car-sharing program agreement" means the terms and conditions applicable to a shared-vehicle owner and a shared-vehicle driver that govern the use of a shared vehicle through a peer-to-peer car-sharing program.

(B) "Peer-to-peer car-sharing program agreement" does not mean: (i) A rental agreement as defined in § 23-64-202 ; or (ii) Any agreement for the rental or use of a vehicle with a person or entity engaged in the business of renting a motor vehicle without a driver;

(i) A rental agreement as defined in § 23-64-202 ; or

(ii) Any agreement for the rental or use of a vehicle with a person or entity engaged in the business of renting a motor vehicle without a driver;

(8) (A) "Shared vehicle" means a motor vehicle that is available for sharing through a peer-to-peer car-sharing program. (B) "Shared vehicle" does not mean a: (i) Vehicle or rental vehicle as defined in § 23-64-202 ; or (ii) Motor vehicle that is rented under § 27-16-605 ;

(A) "Shared vehicle" means a motor vehicle that is available for sharing through a peer-to-peer car-sharing program.

(B) "Shared vehicle" does not mean a: (i) Vehicle or rental vehicle as defined in § 23-64-202 ; or (ii) Motor vehicle that is rented under § 27-16-605 ;

(i) Vehicle or rental vehicle as defined in § 23-64-202 ; or

(ii) Motor vehicle that is rented under § 27-16-605 ;

(9) "Shared-vehicle driver" means an individual who is authorized to drive a shared vehicle by a shared-vehicle owner under a peer-to-peer car-sharing program agreement; and

(10) (A) "Shared-vehicle owner" means the registered owner, or a person or entity designated by the registered owner, of a motor vehicle made available for sharing to a shared-vehicle driver through a peer-to-peer car-sharing program. (B) "Shared-vehicle owner" does not mean a: (i) Rental car company as defined in § 23-64-202 ; (ii) Person or entity engaged in the business of renting a motor vehicle without a driver; (iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.

(A) "Shared-vehicle owner" means the registered owner, or a person or entity designated by the registered owner, of a motor vehicle made available for sharing to a shared-vehicle driver through a peer-to-peer car-sharing program.

(B) "Shared-vehicle owner" does not mean a: (i) Rental car company as defined in § 23-64-202 ; (ii) Person or entity engaged in the business of renting a motor vehicle without a driver; (iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.

(i) Rental car company as defined in § 23-64-202 ;

(ii) Person or entity engaged in the business of renting a motor vehicle without a driver;

(iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or

(iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.

Added by Act 2023, No. 686,§ 3, eff. 8/1/2023.
Ark. Code Ann. § 27-75-103 — AR Code / Title 27 / Chapter 75 / Section 27-75-103
Authority - Members
Status: in_force

The representatives from the State of Arkansas who shall be members of the U.S. Highway 82 Four Lane Construction Authority shall be the five (5) members of the State Highway Commission who are each duly serving in the capacity as such a commissioner. During the course and extent of the compact, any newly appointed commissioner, or one appointed to fill the unexpired term of a commissioner, shall be a member of the authority and the replaced commissioner shall cease to be a member of the authority. Acts 1989, No. 622, § 3.

The representatives from the State of Arkansas who shall be members of the U.S. Highway 82 Four Lane Construction Authority shall be the five (5) members of the State Highway Commission who are each duly serving in the capacity as such a commissioner. During the course and extent of the compact, any newly appointed commissioner, or one appointed to fill the unexpired term of a commissioner, shall be a member of the authority and the replaced commissioner shall cease to be a member of the authority.

Acts 1989, No. 622, § 3.
Ark. Code Ann. § 27-1-107 — AR Code / Title 27 / Chapter 1 / Section 27-1-107
Rules - Reorganization
Status: in_force

The Arkansas Department of Transportation shall adopt and promulgate reasonable rules and reorganize as necessary to carry out the responsibilities delegated to it under this chapter. Amended by Act 2019, No. 315,§ 3076, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 311, eff. 8/1/2017. Acts 1977, No. 192, § 10; A.S.A. 1947, § 76-2809.

The Arkansas Department of Transportation shall adopt and promulgate reasonable rules and reorganize as necessary to carry out the responsibilities delegated to it under this chapter.

Amended by Act 2019, No. 315,§ 3076, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 311, eff. 8/1/2017.

Acts 1977, No. 192, § 10; A.S.A. 1947, § 76-2809.
Ark. Code Ann. § 27-16-1202 — AR Code / Title 27 / Chapter 16 / Subchapter 12 / Section 27-16-1202
Purpose
Status: in_force

The purpose of this subchapter is: (1) To ensure that as an alternative to a driver's license or identification card otherwise issued under this Title 27 of the Arkansas Code, Arkansas citizens may have the option of obtaining a driver's license or identification card with additional security features for enhanced identification purposes; and (2) To ensure that holders of standard driver's licenses and identification cards otherwise issued under this chapter continue to enjoy all rights and privileges to which they are currently entitled under Arkansas law. Acts 2009, No. 1308, § 1.

The purpose of this subchapter is:

(1) To ensure that as an alternative to a driver's license or identification card otherwise issued under this Title 27 of the Arkansas Code, Arkansas citizens may have the option of obtaining a driver's license or identification card with additional security features for enhanced identification purposes; and

(2) To ensure that holders of standard driver's licenses and identification cards otherwise issued under this chapter continue to enjoy all rights and privileges to which they are currently entitled under Arkansas law.

Acts 2009, No. 1308, § 1.
Ark. Code Ann. § 27-19-603 — AR Code / Title 27 / Chapter 19 / Subchapter 6 / Section 27-19-603
Determination and notice of amount of security required
Status: in_force

(a) (1) Within thirty (30) days after an accident has occurred, and provided the accident has been reported to the Office of Driver Services within thirty (30) days, the Office of Driver Services shall determine the amount of security which shall be deposited to satisfy any judgment for damages resulting from the accident as may be recovered against each driver or owner based on an amount equal to the minimum limits specified in § 27-19-605 . The amount of security required to be deposited shall be: (A) If the accident resulted in bodily injury or death to one (1) person, twenty-five thousand dollars ($25,000); (B) If the accident resulted in bodily injury or death to two (2) or more persons in any one (1) accident, fifty thousand dollars ($50,000); (C) If the accident resulted in the injury to or the destruction of property of others in any one (1) accident, twenty-five thousand dollars ($25,000); or (D) If the accident resulted in both bodily injury or death and in the destruction of property, a combination of the amounts specified in subdivisions (a)(1)(A)-(C) of this section. (2) Determination shall not be made with respect to drivers or owners who are exempt under provisions of any other section of this chapter from the requirements as to security or suspension of motor vehicle registration and driving privilege. (b) (1) The Office of Driver Services shall determine the amount of security deposit required of any person upon the basis of the reports or other information submitted. The Office of Driver Services' determination shall be limited to whether the accident resulted in bodily injury or death to one (1) person or two (2) or more persons in any one (1) accident or to injury to or destruction of property of others in any one (1) accident, or a combination of these. (2) In the event a person involved in an accident as described in this chapter fails to make a report or submit information indicating the existence of any injuries or damage to his or her property within thirty (30) days after the accident and the Office of Driver Services has issued reasonable notice to the person if it is possible to give the notice, otherwise without notice, then the Office of Driver Services shall not require any deposit of security for the benefit or protection of the person. (c) The Office of Driver Services, no sooner than fifty (50) days after the date of an accident as referred to in this chapter, and upon determining the amount of security to be required of any person involved in the accident or to be required of the owner of any vehicle involved in the accident, shall give written notice to every person of the amount of security required to be deposited by him or her and then an order of suspension will be made upon the expiration of twenty (20) days after the sending of the notice unless within that time security is deposited as required by the notice. Acts 1953, No. 347, § 25; 1973, No. 585, § 2; 1975, No. 1007, § 3; A.S.A. 1947, § 75-1425; Acts 1993, No. 912, § 1; 1999, No. 1527, § 1.

(a) (1) Within thirty (30) days after an accident has occurred, and provided the accident has been reported to the Office of Driver Services within thirty (30) days, the Office of Driver Services shall determine the amount of security which shall be deposited to satisfy any judgment for damages resulting from the accident as may be recovered against each driver or owner based on an amount equal to the minimum limits specified in § 27-19-605 . The amount of security required to be deposited shall be: (A) If the accident resulted in bodily injury or death to one (1) person, twenty-five thousand dollars ($25,000); (B) If the accident resulted in bodily injury or death to two (2) or more persons in any one (1) accident, fifty thousand dollars ($50,000); (C) If the accident resulted in the injury to or the destruction of property of others in any one (1) accident, twenty-five thousand dollars ($25,000); or (D) If the accident resulted in both bodily injury or death and in the destruction of property, a combination of the amounts specified in subdivisions (a)(1)(A)-(C) of this section. (2) Determination shall not be made with respect to drivers or owners who are exempt under provisions of any other section of this chapter from the requirements as to security or suspension of motor vehicle registration and driving privilege.

(1) Within thirty (30) days after an accident has occurred, and provided the accident has been reported to the Office of Driver Services within thirty (30) days, the Office of Driver Services shall determine the amount of security which shall be deposited to satisfy any judgment for damages resulting from the accident as may be recovered against each driver or owner based on an amount equal to the minimum limits specified in § 27-19-605 . The amount of security required to be deposited shall be: (A) If the accident resulted in bodily injury or death to one (1) person, twenty-five thousand dollars ($25,000); (B) If the accident resulted in bodily injury or death to two (2) or more persons in any one (1) accident, fifty thousand dollars ($50,000); (C) If the accident resulted in the injury to or the destruction of property of others in any one (1) accident, twenty-five thousand dollars ($25,000); or (D) If the accident resulted in both bodily injury or death and in the destruction of property, a combination of the amounts specified in subdivisions (a)(1)(A)-(C) of this section.

(A) If the accident resulted in bodily injury or death to one (1) person, twenty-five thousand dollars ($25,000);

(B) If the accident resulted in bodily injury or death to two (2) or more persons in any one (1) accident, fifty thousand dollars ($50,000);

(C) If the accident resulted in the injury to or the destruction of property of others in any one (1) accident, twenty-five thousand dollars ($25,000); or

(D) If the accident resulted in both bodily injury or death and in the destruction of property, a combination of the amounts specified in subdivisions (a)(1)(A)-(C) of this section.

(2) Determination shall not be made with respect to drivers or owners who are exempt under provisions of any other section of this chapter from the requirements as to security or suspension of motor vehicle registration and driving privilege.

(b) (1) The Office of Driver Services shall determine the amount of security deposit required of any person upon the basis of the reports or other information submitted. The Office of Driver Services' determination shall be limited to whether the accident resulted in bodily injury or death to one (1) person or two (2) or more persons in any one (1) accident or to injury to or destruction of property of others in any one (1) accident, or a combination of these. (2) In the event a person involved in an accident as described in this chapter fails to make a report or submit information indicating the existence of any injuries or damage to his or her property within thirty (30) days after the accident and the Office of Driver Services has issued reasonable notice to the person if it is possible to give the notice, otherwise without notice, then the Office of Driver Services shall not require any deposit of security for the benefit or protection of the person.

(1) The Office of Driver Services shall determine the amount of security deposit required of any person upon the basis of the reports or other information submitted. The Office of Driver Services' determination shall be limited to whether the accident resulted in bodily injury or death to one (1) person or two (2) or more persons in any one (1) accident or to injury to or destruction of property of others in any one (1) accident, or a combination of these.

(2) In the event a person involved in an accident as described in this chapter fails to make a report or submit information indicating the existence of any injuries or damage to his or her property within thirty (30) days after the accident and the Office of Driver Services has issued reasonable notice to the person if it is possible to give the notice, otherwise without notice, then the Office of Driver Services shall not require any deposit of security for the benefit or protection of the person.

(c) The Office of Driver Services, no sooner than fifty (50) days after the date of an accident as referred to in this chapter, and upon determining the amount of security to be required of any person involved in the accident or to be required of the owner of any vehicle involved in the accident, shall give written notice to every person of the amount of security required to be deposited by him or her and then an order of suspension will be made upon the expiration of twenty (20) days after the sending of the notice unless within that time security is deposited as required by the notice.

Acts 1953, No. 347, § 25; 1973, No. 585, § 2; 1975, No. 1007, § 3; A.S.A. 1947, § 75-1425; Acts 1993, No. 912, § 1; 1999, No. 1527, § 1.
Ark. Code Ann. § 27-24-301 — AR Code / Title 27 / Chapter 24 / Subchapter 3 / Section 27-24-301
Purpose
Status: in_force

The purpose of this subchapter is to: (1) Continue the special license plates for counties, cities, towns, and members of county quorum courts; (2) Transfer the authority to the Department of Finance and Administration to issue additional special license plates for counties, cities, towns, and members of county quorum courts; and (3) Provide a mechanism for other public entities in the state to obtain special license plates. Acts 2005, No. 2202, § 1; 2007, No. 536, § 1.

The purpose of this subchapter is to:

(1) Continue the special license plates for counties, cities, towns, and members of county quorum courts;

(2) Transfer the authority to the Department of Finance and Administration to issue additional special license plates for counties, cities, towns, and members of county quorum courts; and

(3) Provide a mechanism for other public entities in the state to obtain special license plates.

Acts 2005, No. 2202, § 1; 2007, No. 536, § 1.
Ark. Code Ann. § 27-53-207 — AR Code / Title 27 / Chapter 53 / Subchapter 2 / Section 27-53-207
Tabulation and analysis
Status: in_force

(a) The Division of Arkansas State Police shall tabulate and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of traffic accidents. (b) After collecting the data required by subsection (a) of this section, the division shall further report to the Arkansas Department of Transportation the data collected and maintained by the division relating to all accidents occurring within the preceding twelve-month period on the state highway system and local roads. Amended by Act 2017, No. 707,§ 356, eff. 8/1/2017. Amended by Act 2017, No. 618,§ 1, eff. 8/1/2017. Acts 1937, No. 300, § 46; Pope's Dig., § 6704; A.S.A. 1947, § 75-911; Acts 1999, No. 1275, § 1.

(a) The Division of Arkansas State Police shall tabulate and may analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of traffic accidents.

(b) After collecting the data required by subsection (a) of this section, the division shall further report to the Arkansas Department of Transportation the data collected and maintained by the division relating to all accidents occurring within the preceding twelve-month period on the state highway system and local roads.

Amended by Act 2017, No. 707,§ 356, eff. 8/1/2017.

Amended by Act 2017, No. 618,§ 1, eff. 8/1/2017.

Acts 1937, No. 300, § 46; Pope's Dig., § 6704; A.S.A. 1947, § 75-911; Acts 1999, No. 1275, § 1.
Ark. Code Ann. § 27-51-1204 — AR Code / Title 27 / Chapter 51 / Subchapter 12 / Section 27-51-1204
Pedestrians crossing at other than crosswalks
Status: in_force

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. (c) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. (d) Notwithstanding the provisions of this section, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. Acts 1937, No. 300, § 77; Pope's Dig., § 6735; A.S.A. 1947, § 75-628.

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(c) Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

(d) Notwithstanding the provisions of this section, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

Acts 1937, No. 300, § 77; Pope's Dig., § 6735; A.S.A. 1947, § 75-628.
Ark. Code Ann. § 27-23-122 — AR Code / Title 27 / Chapter 23 / Subchapter 1 / Section 27-23-122
Enforcement
Status: in_force

The enforcement personnel of the State Highway Commission, the Arkansas Highway Police Division of the Arkansas Department of Transportation, and any certified law enforcement officer shall have the authority to enforce the provisions of this subchapter. Amended by Act 2017, No. 707,§ 327, eff. 8/1/2017. Acts 1989, No. 241, § 22.

The enforcement personnel of the State Highway Commission, the Arkansas Highway Police Division of the Arkansas Department of Transportation, and any certified law enforcement officer shall have the authority to enforce the provisions of this subchapter.

Amended by Act 2017, No. 707,§ 327, eff. 8/1/2017.

Acts 1989, No. 241, § 22.
Ark. Code Ann. § 27-64-410 — AR Code / Title 27 / Chapter 64 / Subchapter 4 / Section 27-64-410
Sources of repayment
Status: in_force

(a) The State of Arkansas Federal Grant Anticipation and Tax Revenue Bonds or GARVEE bonds shall be general obligations of the State of Arkansas secured and payable from the designated revenues, as defined herein, and the general revenues of the state. (b) The bonds will be payable first from certain designated revenues, specifically: (1) That portion designated by the State Highway Commission of funds received or to be received from the United States Government as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds; and (2) Revenues derived from the increase in taxes levied on distillate special fuels pursuant to § 2 of the Arkansas Distillate Special Fuel Excise Tax Act of 1999 and the Motor Fuel Excise Tax Act of 1999, §§ 26-55-1005 , 26-55-1006 , 26-56-201 , and 27-72-305 , and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-55-1006(d) . (c) (1) To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, such payment shall be made from the general revenues of the State of Arkansas. (2) In order to secure the payment of debt service, any trust instrument, resolution, or other document setting forth the security for the bondholders may provide for the direct payment of the federal highway assistance funds that are designated revenues directly into a trust fund, or to a paying agent, for the payment of debt service on the bonds, and it shall not be necessary for such funds to be deposited into the State Treasury. Acts 2007, No. 511, § 1; 2011, No. 752, § 8.

(a) The State of Arkansas Federal Grant Anticipation and Tax Revenue Bonds or GARVEE bonds shall be general obligations of the State of Arkansas secured and payable from the designated revenues, as defined herein, and the general revenues of the state.

(b) The bonds will be payable first from certain designated revenues, specifically: (1) That portion designated by the State Highway Commission of funds received or to be received from the United States Government as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds; and (2) Revenues derived from the increase in taxes levied on distillate special fuels pursuant to § 2 of the Arkansas Distillate Special Fuel Excise Tax Act of 1999 and the Motor Fuel Excise Tax Act of 1999, §§ 26-55-1005 , 26-55-1006 , 26-56-201 , and 27-72-305 , and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-55-1006(d) .

(1) That portion designated by the State Highway Commission of funds received or to be received from the United States Government as federal highway assistance funding allocated to the state designated as federal highway interstate maintenance funds; and

(2) Revenues derived from the increase in taxes levied on distillate special fuels pursuant to § 2 of the Arkansas Distillate Special Fuel Excise Tax Act of 1999 and the Motor Fuel Excise Tax Act of 1999, §§ 26-55-1005 , 26-55-1006 , 26-56-201 , and 27-72-305 , and transferred to the State Highway and Transportation Department Fund pursuant to § 27-70-207(d) in accordance with § 26-55-1006(d) .

(c) (1) To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, such payment shall be made from the general revenues of the State of Arkansas. (2) In order to secure the payment of debt service, any trust instrument, resolution, or other document setting forth the security for the bondholders may provide for the direct payment of the federal highway assistance funds that are designated revenues directly into a trust fund, or to a paying agent, for the payment of debt service on the bonds, and it shall not be necessary for such funds to be deposited into the State Treasury.

(1) To the extent that designated revenues are insufficient to make timely payment of debt service on the bonds, such payment shall be made from the general revenues of the State of Arkansas.

(2) In order to secure the payment of debt service, any trust instrument, resolution, or other document setting forth the security for the bondholders may provide for the direct payment of the federal highway assistance funds that are designated revenues directly into a trust fund, or to a paying agent, for the payment of debt service on the bonds, and it shall not be necessary for such funds to be deposited into the State Treasury.

Acts 2007, No. 511, § 1; 2011, No. 752, § 8.
Ark. Code Ann. § 27-35-201 — AR Code / Title 27 / Chapter 35 / Subchapter 2 / Section 27-35-201
Operating vehicle exceeding size or weight limitations unlawful
Status: in_force

Except as otherwise provided by this subchapter, it shall be unlawful for any person to drive, operate, or move, or for the owner to cause or permit to be driven or moved upon any road or highway within the state, any vehicle, or combination of vehicles, of a size or weight exceeding the limitations stated in this subchapter, or to transport over any road or highway within this state, whether paved or otherwise, any load or loads exceeding the weights or dimensions prescribed by this subchapter. Acts 1955, No. 98, § 1; A.S.A. 1947, § 75-813.

Except as otherwise provided by this subchapter, it shall be unlawful for any person to drive, operate, or move, or for the owner to cause or permit to be driven or moved upon any road or highway within the state, any vehicle, or combination of vehicles, of a size or weight exceeding the limitations stated in this subchapter, or to transport over any road or highway within this state, whether paved or otherwise, any load or loads exceeding the weights or dimensions prescribed by this subchapter.

Acts 1955, No. 98, § 1; A.S.A. 1947, § 75-813.
Ark. Code Ann. § 27-19-203 — AR Code / Title 27 / Chapter 19 / Subchapter 2 / Section 27-19-203
Chauffeur
Status: in_force

"Chauffeur" means every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property except a person who operates a motor vehicle as a public or common carrier of persons over a regular route on a fixed schedule within the limits of any city or town or over a regular route on a fixed schedule between cities and towns where the boundaries between them are not more distant than five (5) miles. Acts 1953, No. 347, § 2; 1959, No. 307, § 2; A.S.A. 1947, § 75-1402.

"Chauffeur" means every person who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property except a person who operates a motor vehicle as a public or common carrier of persons over a regular route on a fixed schedule within the limits of any city or town or over a regular route on a fixed schedule between cities and towns where the boundaries between them are not more distant than five (5) miles.

Acts 1953, No. 347, § 2; 1959, No. 307, § 2; A.S.A. 1947, § 75-1402.
Ark. Code Ann. § 27-50-407 — AR Code / Title 27 / Chapter 50 / Subchapter 4 / Section 27-50-407
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 4812, eff. 7/1/2019. Repealed by Act 2019, No. 394,§ 8, eff. 7/24/2019. Acts 1963, No. 257, § 5; A.S.A. 1947, § 75-1043.

Amended by Act 2019, No. 910,§ 4812, eff. 7/1/2019.

Repealed by Act 2019, No. 394,§ 8, eff. 7/24/2019.

Acts 1963, No. 257, § 5; A.S.A. 1947, § 75-1043.
Ark. Code Ann. § 27-14-720 — AR Code / Title 27 / Chapter 14 / Subchapter 7 / Section 27-14-720
Lost or damaged certificates and plates
Status: in_force

(a) In the event any registration certificate or license plate is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the Office of Motor Vehicle for, and may obtain, a duplicate or a substitute or a new registration under a new registration number, as determined to be most advisable by the Office of Motor Vehicle, upon the applicant's furnishing information satisfactory to the Office of Motor Vehicle. (b) (1) (A) In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the Office of Motor Vehicle for and may obtain a duplicate if the conditions of this subdivision (b)(1) are satisfied. (B) The following information shall be included in the application: (i) The year, make, model, vehicle identification number, and body style of the vehicle; (ii) The name of a lienholder; (iii) A release if the applicant claims that the lien has been released; and (iv) Other information required by the Office of Motor Vehicle. (C) The fee for a duplicate title shall accompany the application. (D) The Office of Motor Vehicle may issue a duplicate title without notice if the records of the Office of Motor Vehicle do not show that a lien exists against the vehicle. (E) (i) (a) The Office of Motor Vehicle shall mail notice to a lienholder shown in the records of the Office of Motor Vehicle at the address shown in the records for the lienholder. (b) The notice shall state that the lienholder must respond to the Office of Motor Vehicle within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate title will be issued without recording the lien. (ii) (a) At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the Office of Motor Vehicle may issue a duplicate title without recording the name of the lienholder. (b) If the lienholder responds within the time for response indicating that the lien has not been released, the Office of Motor Vehicle may issue a duplicate that places the name of the lienholder on the duplicate title. (iii) The notice required under this subdivision (b)(1)(E) shall not apply to a motor vehicle dealer approved by the Department of Finance and Administration. (2) Upon issuance of any duplicate certificate of title, the previous certificate last issued shall be void. Acts 1949, No. 142, § 45; A.S.A. 1947, § 75-145; Acts 2009, No. 634, § 1.

(a) In the event any registration certificate or license plate is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the Office of Motor Vehicle for, and may obtain, a duplicate or a substitute or a new registration under a new registration number, as determined to be most advisable by the Office of Motor Vehicle, upon the applicant's furnishing information satisfactory to the Office of Motor Vehicle.

(b) (1) (A) In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the Office of Motor Vehicle for and may obtain a duplicate if the conditions of this subdivision (b)(1) are satisfied. (B) The following information shall be included in the application: (i) The year, make, model, vehicle identification number, and body style of the vehicle; (ii) The name of a lienholder; (iii) A release if the applicant claims that the lien has been released; and (iv) Other information required by the Office of Motor Vehicle. (C) The fee for a duplicate title shall accompany the application. (D) The Office of Motor Vehicle may issue a duplicate title without notice if the records of the Office of Motor Vehicle do not show that a lien exists against the vehicle. (E) (i) (a) The Office of Motor Vehicle shall mail notice to a lienholder shown in the records of the Office of Motor Vehicle at the address shown in the records for the lienholder. (b) The notice shall state that the lienholder must respond to the Office of Motor Vehicle within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate title will be issued without recording the lien. (ii) (a) At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the Office of Motor Vehicle may issue a duplicate title without recording the name of the lienholder. (b) If the lienholder responds within the time for response indicating that the lien has not been released, the Office of Motor Vehicle may issue a duplicate that places the name of the lienholder on the duplicate title. (iii) The notice required under this subdivision (b)(1)(E) shall not apply to a motor vehicle dealer approved by the Department of Finance and Administration. (2) Upon issuance of any duplicate certificate of title, the previous certificate last issued shall be void.

(1) (A) In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the Office of Motor Vehicle for and may obtain a duplicate if the conditions of this subdivision (b)(1) are satisfied. (B) The following information shall be included in the application: (i) The year, make, model, vehicle identification number, and body style of the vehicle; (ii) The name of a lienholder; (iii) A release if the applicant claims that the lien has been released; and (iv) Other information required by the Office of Motor Vehicle. (C) The fee for a duplicate title shall accompany the application. (D) The Office of Motor Vehicle may issue a duplicate title without notice if the records of the Office of Motor Vehicle do not show that a lien exists against the vehicle. (E) (i) (a) The Office of Motor Vehicle shall mail notice to a lienholder shown in the records of the Office of Motor Vehicle at the address shown in the records for the lienholder. (b) The notice shall state that the lienholder must respond to the Office of Motor Vehicle within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate title will be issued without recording the lien. (ii) (a) At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the Office of Motor Vehicle may issue a duplicate title without recording the name of the lienholder. (b) If the lienholder responds within the time for response indicating that the lien has not been released, the Office of Motor Vehicle may issue a duplicate that places the name of the lienholder on the duplicate title. (iii) The notice required under this subdivision (b)(1)(E) shall not apply to a motor vehicle dealer approved by the Department of Finance and Administration.

(A) In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the Office of Motor Vehicle for and may obtain a duplicate if the conditions of this subdivision (b)(1) are satisfied.

(B) The following information shall be included in the application: (i) The year, make, model, vehicle identification number, and body style of the vehicle; (ii) The name of a lienholder; (iii) A release if the applicant claims that the lien has been released; and (iv) Other information required by the Office of Motor Vehicle.

(i) The year, make, model, vehicle identification number, and body style of the vehicle;

(ii) The name of a lienholder;

(iii) A release if the applicant claims that the lien has been released; and

(iv) Other information required by the Office of Motor Vehicle.

(C) The fee for a duplicate title shall accompany the application.

(D) The Office of Motor Vehicle may issue a duplicate title without notice if the records of the Office of Motor Vehicle do not show that a lien exists against the vehicle.

(E) (i) (a) The Office of Motor Vehicle shall mail notice to a lienholder shown in the records of the Office of Motor Vehicle at the address shown in the records for the lienholder. (b) The notice shall state that the lienholder must respond to the Office of Motor Vehicle within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate title will be issued without recording the lien. (ii) (a) At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the Office of Motor Vehicle may issue a duplicate title without recording the name of the lienholder. (b) If the lienholder responds within the time for response indicating that the lien has not been released, the Office of Motor Vehicle may issue a duplicate that places the name of the lienholder on the duplicate title. (iii) The notice required under this subdivision (b)(1)(E) shall not apply to a motor vehicle dealer approved by the Department of Finance and Administration.

(i) (a) The Office of Motor Vehicle shall mail notice to a lienholder shown in the records of the Office of Motor Vehicle at the address shown in the records for the lienholder. (b) The notice shall state that the lienholder must respond to the Office of Motor Vehicle within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate title will be issued without recording the lien.

(a) The Office of Motor Vehicle shall mail notice to a lienholder shown in the records of the Office of Motor Vehicle at the address shown in the records for the lienholder.

(b) The notice shall state that the lienholder must respond to the Office of Motor Vehicle within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate title will be issued without recording the lien.

(ii) (a) At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the Office of Motor Vehicle may issue a duplicate title without recording the name of the lienholder. (b) If the lienholder responds within the time for response indicating that the lien has not been released, the Office of Motor Vehicle may issue a duplicate that places the name of the lienholder on the duplicate title.

(a) At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the Office of Motor Vehicle may issue a duplicate title without recording the name of the lienholder.

(b) If the lienholder responds within the time for response indicating that the lien has not been released, the Office of Motor Vehicle may issue a duplicate that places the name of the lienholder on the duplicate title.

(iii) The notice required under this subdivision (b)(1)(E) shall not apply to a motor vehicle dealer approved by the Department of Finance and Administration.

(2) Upon issuance of any duplicate certificate of title, the previous certificate last issued shall be void.

Acts 1949, No. 142, § 45; A.S.A. 1947, § 75-145; Acts 2009, No. 634, § 1.
Ark. Code Ann. § 27-50-611 — AR Code / Title 27 / Chapter 50 / Subchapter 6 / Section 27-50-611
Right of qualified surety company to become surety with respect to guaranteed arrest bond certificates - Definition
Status: in_force

(a) Any domestic or foreign surety company which has qualified to transact surety business in this state may, in any year, become surety in an amount not to exceed two hundred dollars ($200) with respect to any guaranteed arrest bond certificates issued in that year by an automobile club or association by filing with the Insurance Commissioner of this state an undertaking thus to become surety. (b) Such undertaking shall be in form to be prescribed by the commissioner and shall state the following: (1) The name and address of the automobile club or automobile association with respect to the guaranteed arrest bond certificates of which the surety company undertakes to be surety; and (2) The unqualified obligation of the surety company to pay the fine or forfeiture in an amount not to exceed two hundred dollars ($200) of any person who, after posting a guaranteed arrest bond certificate with respect to which the surety company has undertaken to be surety, fails to make the appearance to guarantee which the guaranteed arrest bond certificate was posted. (c) The term "guaranteed arrest bond certificate", as used in this section, means any printed card or other certificate issued by an automobile club or association to any of its members, which is signed by the member and contains a printed statement that the automobile club or association and a surety company guarantee the appearance of the person whose signature appears on the card or certificate and that they will, in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person in an amount not to exceed two hundred dollars ($200). Acts 1955, No. 54, § 1; A.S.A. 1947, § 75-1035.

(a) Any domestic or foreign surety company which has qualified to transact surety business in this state may, in any year, become surety in an amount not to exceed two hundred dollars ($200) with respect to any guaranteed arrest bond certificates issued in that year by an automobile club or association by filing with the Insurance Commissioner of this state an undertaking thus to become surety.

(b) Such undertaking shall be in form to be prescribed by the commissioner and shall state the following: (1) The name and address of the automobile club or automobile association with respect to the guaranteed arrest bond certificates of which the surety company undertakes to be surety; and (2) The unqualified obligation of the surety company to pay the fine or forfeiture in an amount not to exceed two hundred dollars ($200) of any person who, after posting a guaranteed arrest bond certificate with respect to which the surety company has undertaken to be surety, fails to make the appearance to guarantee which the guaranteed arrest bond certificate was posted.

(1) The name and address of the automobile club or automobile association with respect to the guaranteed arrest bond certificates of which the surety company undertakes to be surety; and

(2) The unqualified obligation of the surety company to pay the fine or forfeiture in an amount not to exceed two hundred dollars ($200) of any person who, after posting a guaranteed arrest bond certificate with respect to which the surety company has undertaken to be surety, fails to make the appearance to guarantee which the guaranteed arrest bond certificate was posted.

(c) The term "guaranteed arrest bond certificate", as used in this section, means any printed card or other certificate issued by an automobile club or association to any of its members, which is signed by the member and contains a printed statement that the automobile club or association and a surety company guarantee the appearance of the person whose signature appears on the card or certificate and that they will, in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person in an amount not to exceed two hundred dollars ($200).

Acts 1955, No. 54, § 1; A.S.A. 1947, § 75-1035.
Ark. Code Ann. § 27-14-909 — AR Code / Title 27 / Chapter 14 / Subchapter 9 / Section 27-14-909
Release of lien by lienholder - Disclosure of information
Status: in_force

(a) For purposes of this section, a lien or encumbrance is satisfied when the lienholder receives final payment under § 4-4-215 . (b) (1) Upon the satisfaction of any lien or encumbrance on a vehicle for which the certificate of title is in the possession of the lienholder, the lienholder shall within ten (10) business days after receipt of final payment under § 4-4-215 execute a release of the lien or encumbrance in the space provided in the certificate of title, or as the Office of Motor Vehicle prescribes, and mail or deliver the certificate of title and the release of lien or encumbrance to the next lienholder named in the certificate of title or, if none, to the owner or to any person who delivers to the lienholder an authorization from the owner to receive the certificate of title. (2) Upon the satisfaction of a lien or encumbrance on a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose lien or encumbrance is paid in full shall within ten (10) business days after receipt of final payment under § 4-4-215 execute a release of lien or encumbrance in the form the Office of Motor Vehicle prescribes and deliver the release of lien or encumbrance to the owner or to any person who delivers to the lienholder an authorization from the owner to receive it. (c) This section shall not be construed to apply to manufactured housing or mobile homes. (d) A lienholder named in a certificate of title shall upon written request of the owner or of another lienholder named on the certificate of title disclose any pertinent information as to his or her security agreement and the indebtedness secured. (e) (1) Any lienholder who fails to comply with subsection (b) of this section shall pay to the person or persons satisfying the lien or encumbrance twenty-five dollars ($25.00) for the first five (5) business days after expiration of the time period prescribed in subsection (b) of this section, and the payment shall double for each five (5) days thereafter in which there is continued noncompliance, up to a maximum of five hundred dollars ($500) for each lien. (2) If delivery of the certificate of title is by mail, the delivery date is the date of the postmark for purposes of this subsection. Acts 1949, No. 142, § 55; 1959, No. 307, § 10; A.S.A. 1947, § 75-155; Acts 1999, No. 1305, § 1; 2007, No. 589, § 1.

(a) For purposes of this section, a lien or encumbrance is satisfied when the lienholder receives final payment under § 4-4-215 .

(b) (1) Upon the satisfaction of any lien or encumbrance on a vehicle for which the certificate of title is in the possession of the lienholder, the lienholder shall within ten (10) business days after receipt of final payment under § 4-4-215 execute a release of the lien or encumbrance in the space provided in the certificate of title, or as the Office of Motor Vehicle prescribes, and mail or deliver the certificate of title and the release of lien or encumbrance to the next lienholder named in the certificate of title or, if none, to the owner or to any person who delivers to the lienholder an authorization from the owner to receive the certificate of title. (2) Upon the satisfaction of a lien or encumbrance on a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose lien or encumbrance is paid in full shall within ten (10) business days after receipt of final payment under § 4-4-215 execute a release of lien or encumbrance in the form the Office of Motor Vehicle prescribes and deliver the release of lien or encumbrance to the owner or to any person who delivers to the lienholder an authorization from the owner to receive it.

(1) Upon the satisfaction of any lien or encumbrance on a vehicle for which the certificate of title is in the possession of the lienholder, the lienholder shall within ten (10) business days after receipt of final payment under § 4-4-215 execute a release of the lien or encumbrance in the space provided in the certificate of title, or as the Office of Motor Vehicle prescribes, and mail or deliver the certificate of title and the release of lien or encumbrance to the next lienholder named in the certificate of title or, if none, to the owner or to any person who delivers to the lienholder an authorization from the owner to receive the certificate of title.

(2) Upon the satisfaction of a lien or encumbrance on a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose lien or encumbrance is paid in full shall within ten (10) business days after receipt of final payment under § 4-4-215 execute a release of lien or encumbrance in the form the Office of Motor Vehicle prescribes and deliver the release of lien or encumbrance to the owner or to any person who delivers to the lienholder an authorization from the owner to receive it.

(c) This section shall not be construed to apply to manufactured housing or mobile homes.

(d) A lienholder named in a certificate of title shall upon written request of the owner or of another lienholder named on the certificate of title disclose any pertinent information as to his or her security agreement and the indebtedness secured.

(e) (1) Any lienholder who fails to comply with subsection (b) of this section shall pay to the person or persons satisfying the lien or encumbrance twenty-five dollars ($25.00) for the first five (5) business days after expiration of the time period prescribed in subsection (b) of this section, and the payment shall double for each five (5) days thereafter in which there is continued noncompliance, up to a maximum of five hundred dollars ($500) for each lien. (2) If delivery of the certificate of title is by mail, the delivery date is the date of the postmark for purposes of this subsection.

(1) Any lienholder who fails to comply with subsection (b) of this section shall pay to the person or persons satisfying the lien or encumbrance twenty-five dollars ($25.00) for the first five (5) business days after expiration of the time period prescribed in subsection (b) of this section, and the payment shall double for each five (5) days thereafter in which there is continued noncompliance, up to a maximum of five hundred dollars ($500) for each lien.

(2) If delivery of the certificate of title is by mail, the delivery date is the date of the postmark for purposes of this subsection.

Acts 1949, No. 142, § 55; 1959, No. 307, § 10; A.S.A. 1947, § 75-155; Acts 1999, No. 1305, § 1; 2007, No. 589, § 1.
Ark. Code Ann. § 27-15-4905 — AR Code / Title 27 / Chapter 15 / Subchapter 49 / Section 27-15-4905
Renewal
Status: in_force

(a) (1) The special In God We Trust license plate issued under this subchapter may be renewed annually under the procedures in § 27-15-4004 [repealed] and under §§ 27-14-1012 and 27-14-1013 . (2) Registration may continue from year to year as long as it is renewed each year within the time and manner required by law. (b) A motor vehicle owner who was previously issued a plate with the In God We Trust design authorized by this subchapter and who does not pay a design-use contribution fee of twenty-five dollars ($25.00) at the subsequent time of registration shall be issued a new plate which does not bear the In God We Trust design. (c) Upon expiration, or if the special In God We Trust license plate is lost, the plate may be replaced with a regular license plate at the fee specified in § 27-14-602(b)(6) . (d) If the special In God We Trust license plate is replaced with a new In God We Trust license plate, the owner shall be required to pay the fees for the issuance of the license plate under § 27-15-4903 . Acts 2005, No. 727, § 1.

(a) (1) The special In God We Trust license plate issued under this subchapter may be renewed annually under the procedures in § 27-15-4004 [repealed] and under §§ 27-14-1012 and 27-14-1013 . (2) Registration may continue from year to year as long as it is renewed each year within the time and manner required by law.

(1) The special In God We Trust license plate issued under this subchapter may be renewed annually under the procedures in § 27-15-4004 [repealed] and under §§ 27-14-1012 and 27-14-1013 .

(2) Registration may continue from year to year as long as it is renewed each year within the time and manner required by law.

(b) A motor vehicle owner who was previously issued a plate with the In God We Trust design authorized by this subchapter and who does not pay a design-use contribution fee of twenty-five dollars ($25.00) at the subsequent time of registration shall be issued a new plate which does not bear the In God We Trust design.

(c) Upon expiration, or if the special In God We Trust license plate is lost, the plate may be replaced with a regular license plate at the fee specified in § 27-14-602(b)(6) .

(d) If the special In God We Trust license plate is replaced with a new In God We Trust license plate, the owner shall be required to pay the fees for the issuance of the license plate under § 27-15-4903 .

Acts 2005, No. 727, § 1.
Ark. Code Ann. § 27-16-102 — AR Code / Title 27 / Chapter 16 / Subchapter 1 / Section 27-16-102
Construction
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. Acts 1937, No. 280, § 43; Pope's Dig., § 6867; A.S.A. 1947, § 75-347.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Acts 1937, No. 280, § 43; Pope's Dig., § 6867; A.S.A. 1947, § 75-347.