Ark. Code Ann. § 27-53-303 — AR Code / Title 27 / Chapter 53 / Subchapter 3 / Section 27-53-303
Jurisdiction and responsibilities of law enforcement officers
Status: in_force

(a) Within their jurisdictions, and cooperatively in overlapping jurisdictional situations such as the state highway extensions within municipal corporations, law enforcement officers of Arkansas are declared to be responsible for the investigation and reporting of all traffic accidents and the deaths, injuries, and property damage resulting therefrom. (b) These responsibilities shall be generally as outlined: (1) The federal interstate system - The Division of Arkansas State Police; (2) The state highway system - The Division of Arkansas State Police and, within municipal corporations, the municipal police, except that the Division of Arkansas State Police may investigate accidents on all streets, county roads, and state highways; (3) The municipal streets within the boundaries of a municipal corporation which are not a part of the state highway system - The municipal police in cities of the first and second class and the municipal police or the county sheriff's department in all other municipalities; and (4) The county road system - The sheriff of that county. (c) The responsible investigating office shall make the investigation with all possible promptness, and the investigating officer shall file the report with the Division of Arkansas State Police within five (5) days subsequent to the actual investigation. Amended by Act 2021, No. 395,§ 1, eff. 7/28/2021. Acts 1967, No. 246, § 3; A.S.A. 1947, § 75-924; Acts 1989, No. 489, § 3.

(a) Within their jurisdictions, and cooperatively in overlapping jurisdictional situations such as the state highway extensions within municipal corporations, law enforcement officers of Arkansas are declared to be responsible for the investigation and reporting of all traffic accidents and the deaths, injuries, and property damage resulting therefrom.

(b) These responsibilities shall be generally as outlined: (1) The federal interstate system - The Division of Arkansas State Police; (2) The state highway system - The Division of Arkansas State Police and, within municipal corporations, the municipal police, except that the Division of Arkansas State Police may investigate accidents on all streets, county roads, and state highways; (3) The municipal streets within the boundaries of a municipal corporation which are not a part of the state highway system - The municipal police in cities of the first and second class and the municipal police or the county sheriff's department in all other municipalities; and (4) The county road system - The sheriff of that county.

(1) The federal interstate system - The Division of Arkansas State Police;

(2) The state highway system - The Division of Arkansas State Police and, within municipal corporations, the municipal police, except that the Division of Arkansas State Police may investigate accidents on all streets, county roads, and state highways;

(3) The municipal streets within the boundaries of a municipal corporation which are not a part of the state highway system - The municipal police in cities of the first and second class and the municipal police or the county sheriff's department in all other municipalities; and

(4) The county road system - The sheriff of that county.

(c) The responsible investigating office shall make the investigation with all possible promptness, and the investigating officer shall file the report with the Division of Arkansas State Police within five (5) days subsequent to the actual investigation.

Amended by Act 2021, No. 395,§ 1, eff. 7/28/2021.

Acts 1967, No. 246, § 3; A.S.A. 1947, § 75-924; Acts 1989, No. 489, § 3.
Ark. Code Ann. § 27-15-2209 — AR Code / Title 27 / Chapter 15 / Subchapter 22 / Section 27-15-2209
Alternative license plates for antique motor vehicles - Definition
Status: in_force

(a) As used in this section, "antique license plate" means a license plate that: (1) Is approved for issuance under subsection (e) of this section for a historic or special interest vehicle as defined in § 27-15-2201 that is more than forty-five (45) years of age instead of the special license plate issued under § 27-15-2202 ; and (2) Was issued by and approved for use in the State of Arkansas in the same year as the model year of the vehicle that is being licensed. (b) If a person is eligible for a special license plate for a historic or special interest vehicle, the person may choose to use an antique license plate under this section instead of a license plate that is currently issued under § 27-15-2202 by the Office of Motor Vehicle. (c) An applicant who seeks to use an antique license plate under this section shall remit the following fees: (1) The fee required by law for the registration and licensing of the motor vehicle; and (2) A handling and administrative fee in the amount of ten dollars ($10.00). (d) To renew an antique license plate under this section, the owner of the motor vehicle shall remit the fee required by law for the registration and licensing of the motor vehicle. (e) (1) An applicant who seeks to use an antique license plate other than the special license plate issued by the Office of Motor Vehicle under § 27-15-2202 shall be required to submit the license plate to the Office of Motor Vehicle for inspection to determine whether the antique license plate may be used. (2) If the Office of Motor Vehicle determines that the antique license plate is unacceptable, the applicant shall not be allowed to use the antique license plate. (3) The reasons for which the Office of Motor Vehicle may prohibit the use of an antique license plate include, but shall not be limited to: (A) The antique license plate does not meet reasonable reflective and safety standards; (B) The number of the antique license plate is the same as the number issued to a license plate that is currently in circulation; and (C) The administrative costs associated with recording and maintaining the antique license plate are prohibitive. (4) The Office of Motor Vehicle may promulgate rules to administer the provisions of this section. (f) Collectors who, on or before July 24, 2019, have vehicles licensed as historic or special interest vehicles under current statutes shall not be required to register these vehicles or obtain new license plates for these vehicles. (g) Each collector applying for a license plate under this subchapter shall: (1) Own and have registered one (1) or more motor vehicles that he or she uses for regular transportation; and (2) Provide the Office of Motor Vehicle proof of ownership and registration as required under subdivision (g)(1) of this section. Amended by Act 2019, No. 368,§ 6, eff. 7/24/2019. Amended by Act 2019, No. 368,§ 5, eff. 7/24/2019. Acts 2005, No. 2240, § 1.

(a) As used in this section, "antique license plate" means a license plate that: (1) Is approved for issuance under subsection (e) of this section for a historic or special interest vehicle as defined in § 27-15-2201 that is more than forty-five (45) years of age instead of the special license plate issued under § 27-15-2202 ; and (2) Was issued by and approved for use in the State of Arkansas in the same year as the model year of the vehicle that is being licensed.

(1) Is approved for issuance under subsection (e) of this section for a historic or special interest vehicle as defined in § 27-15-2201 that is more than forty-five (45) years of age instead of the special license plate issued under § 27-15-2202 ; and

(2) Was issued by and approved for use in the State of Arkansas in the same year as the model year of the vehicle that is being licensed.

(b) If a person is eligible for a special license plate for a historic or special interest vehicle, the person may choose to use an antique license plate under this section instead of a license plate that is currently issued under § 27-15-2202 by the Office of Motor Vehicle.

(c) An applicant who seeks to use an antique license plate under this section shall remit the following fees: (1) The fee required by law for the registration and licensing of the motor vehicle; and (2) A handling and administrative fee in the amount of ten dollars ($10.00).

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

(2) A handling and administrative fee in the amount of ten dollars ($10.00).

(d) To renew an antique license plate under this section, the owner of the motor vehicle shall remit the fee required by law for the registration and licensing of the motor vehicle.

(e) (1) An applicant who seeks to use an antique license plate other than the special license plate issued by the Office of Motor Vehicle under § 27-15-2202 shall be required to submit the license plate to the Office of Motor Vehicle for inspection to determine whether the antique license plate may be used. (2) If the Office of Motor Vehicle determines that the antique license plate is unacceptable, the applicant shall not be allowed to use the antique license plate. (3) The reasons for which the Office of Motor Vehicle may prohibit the use of an antique license plate include, but shall not be limited to: (A) The antique license plate does not meet reasonable reflective and safety standards; (B) The number of the antique license plate is the same as the number issued to a license plate that is currently in circulation; and (C) The administrative costs associated with recording and maintaining the antique license plate are prohibitive. (4) The Office of Motor Vehicle may promulgate rules to administer the provisions of this section.

(1) An applicant who seeks to use an antique license plate other than the special license plate issued by the Office of Motor Vehicle under § 27-15-2202 shall be required to submit the license plate to the Office of Motor Vehicle for inspection to determine whether the antique license plate may be used.

(2) If the Office of Motor Vehicle determines that the antique license plate is unacceptable, the applicant shall not be allowed to use the antique license plate.

(3) The reasons for which the Office of Motor Vehicle may prohibit the use of an antique license plate include, but shall not be limited to: (A) The antique license plate does not meet reasonable reflective and safety standards; (B) The number of the antique license plate is the same as the number issued to a license plate that is currently in circulation; and (C) The administrative costs associated with recording and maintaining the antique license plate are prohibitive.

(A) The antique license plate does not meet reasonable reflective and safety standards;

(B) The number of the antique license plate is the same as the number issued to a license plate that is currently in circulation; and

(C) The administrative costs associated with recording and maintaining the antique license plate are prohibitive.

(4) The Office of Motor Vehicle may promulgate rules to administer the provisions of this section.

(f) Collectors who, on or before July 24, 2019, have vehicles licensed as historic or special interest vehicles under current statutes shall not be required to register these vehicles or obtain new license plates for these vehicles.

(g) Each collector applying for a license plate under this subchapter shall: (1) Own and have registered one (1) or more motor vehicles that he or she uses for regular transportation; and (2) Provide the Office of Motor Vehicle proof of ownership and registration as required under subdivision (g)(1) of this section.

(1) Own and have registered one (1) or more motor vehicles that he or she uses for regular transportation; and

(2) Provide the Office of Motor Vehicle proof of ownership and registration as required under subdivision (g)(1) of this section.

Amended by Act 2019, No. 368,§ 6, eff. 7/24/2019.

Amended by Act 2019, No. 368,§ 5, eff. 7/24/2019.

Acts 2005, No. 2240, § 1.
Ark. Code Ann. § 27-86-101 — AR Code / Title 27 / Chapter 86 / Subchapter 1 / Section 27-86-101
Interstate toll bridges authorized
Status: in_force

The State Highway Commission is authorized to maintain, in whole or in part, highway toll bridges across rivers or waters bordering the State of Arkansas as a part of the state highway system. Acts 1939, No. 383, § 1; A.S.A. 1947, § 76-610.

The State Highway Commission is authorized to maintain, in whole or in part, highway toll bridges across rivers or waters bordering the State of Arkansas as a part of the state highway system.

Acts 1939, No. 383, § 1; A.S.A. 1947, § 76-610.
Ark. Code Ann. § 27-50-1209 — AR Code / Title 27 / Chapter 50 / Subchapter 12 / Section 27-50-1209
Foreclosure of liens
Status: in_force

(a) (1) The failure of the owner or lienholder to exercise his, her, or its right to reclaim the vehicle and its contents within forty-five (45) days of the posting or publication of notice to owners and lienholders constitutes a waiver by the owner or lienholder of all right, title, and interest in the vehicle and its contents. (2) If a law enforcement official or other official refuses to release any hold on the vehicle or its contents, the owner or lienholder has an additional twenty (20) days to reclaim the vehicle and its contents after the date when the hold is released. (3) (A) The owner or lienholder may challenge any law enforcement official hold or other official hold under the procedures in § 27-50-1207(e) . (B) However, the provisions of § 27-50-1207(f) pertaining to release of the vehicle do not apply when the owner or lienholder challenges a law enforcement official hold or other official hold. (b) (1) Except as provided in subsection (c) of this section, the towing and storage firm, municipality, or county that holds a perfected possessory lien on any vehicle and its contents not redeemed by its owner or security lienholder within the time frame provided by this section shall sell the vehicle and its contents at a nonjudicial public sale for cash. (2) The sale shall not occur later than ninety (90) days after perfection of the lien or forty-five (45) days after the release of any law enforcement hold or other official hold, whichever is later. (c) A vehicle that is held by a municipality or county on a storage lot owned and operated by the municipality or county may defer the public sale and make use of the vehicle for law enforcement purposes if: (1) The municipality or county complies with the notice provisions of § 27-50-1208 ; (2) The time frame as provided under subsection (a) of this section has expired; and (3) The municipality or county enacts an ordinance that: (A) Declares the municipality's or the county's policy regarding the deferral for law enforcement purposes; (B) Charges a specific municipal or county official with the responsibilities of: (i) Identifying the vehicles to be used by the municipality or county; and (ii) (a) Declaring a future date to publicly sell the vehicle pursuant to § 27-50-1210 . (b) The date of the sale shall be a maximum of six (6) months following the passage of the time frame for an owner or lienholder to reclaim a vehicle under subsection (a) of this section or as soon as is practicable if circumstances arise that prevent the sale on the declared sale date; and (C) Requires that the official ensure that the public sale proceed on the sale date declared in the ordinance. (d) (1) The towing and storage firm, municipality, or county shall obtain written verification that the Arkansas Crime Information Center records do not list the vehicle as having been reported stolen. (2) The verification shall be on a form prescribed by the center, the Office of Motor Vehicle, a municipal police department, a county sheriff's department, or the Division of Arkansas State Police. (3) When the verification provided by this subsection is sought directly from the center by the towing and storage firm, the center may charge a fee, not to exceed ten dollars ($10.00) per vehicle verification. (e) (1) Notice of the sale shall be sent at least fifteen (15) days before the date of the sale by certified mail, no return receipt requested, to the registered owner and lienholder, if any. (2) If the data records of the Office of Motor Vehicle or the office of motor vehicles for the state where the vehicle is registered do not contain any information as to the last known registered owner or owners or lienholders, the notice required under subdivision (e)(1) of this section is not required. (3) Nothing in this subsection removes the requirement of notice of sale by publication under subsection (f) of this section. (f) In addition to the notice by mail, notice of the sale shall be published in a newspaper of general circulation in the county at least one (1) time at least ten (10) days prior to the sale and shall be posted on the website that is sponsored and managed by the Arkansas Towing and Recovery Board for that purpose. Amended by Act 2021, No. 794,§ 4, eff. 7/28/2021. Acts 2001, No. 1830, § 6; 2005, No. 1878, § 8; 2005, No. 2189, § 1; 2005, No. 2211, § 4; 2007, No. 506, § 3; 2007, No. 1053, § 12.

(a) (1) The failure of the owner or lienholder to exercise his, her, or its right to reclaim the vehicle and its contents within forty-five (45) days of the posting or publication of notice to owners and lienholders constitutes a waiver by the owner or lienholder of all right, title, and interest in the vehicle and its contents. (2) If a law enforcement official or other official refuses to release any hold on the vehicle or its contents, the owner or lienholder has an additional twenty (20) days to reclaim the vehicle and its contents after the date when the hold is released. (3) (A) The owner or lienholder may challenge any law enforcement official hold or other official hold under the procedures in § 27-50-1207(e) . (B) However, the provisions of § 27-50-1207(f) pertaining to release of the vehicle do not apply when the owner or lienholder challenges a law enforcement official hold or other official hold.

(1) The failure of the owner or lienholder to exercise his, her, or its right to reclaim the vehicle and its contents within forty-five (45) days of the posting or publication of notice to owners and lienholders constitutes a waiver by the owner or lienholder of all right, title, and interest in the vehicle and its contents.

(2) If a law enforcement official or other official refuses to release any hold on the vehicle or its contents, the owner or lienholder has an additional twenty (20) days to reclaim the vehicle and its contents after the date when the hold is released.

(3) (A) The owner or lienholder may challenge any law enforcement official hold or other official hold under the procedures in § 27-50-1207(e) . (B) However, the provisions of § 27-50-1207(f) pertaining to release of the vehicle do not apply when the owner or lienholder challenges a law enforcement official hold or other official hold.

(A) The owner or lienholder may challenge any law enforcement official hold or other official hold under the procedures in § 27-50-1207(e) .

(B) However, the provisions of § 27-50-1207(f) pertaining to release of the vehicle do not apply when the owner or lienholder challenges a law enforcement official hold or other official hold.

(b) (1) Except as provided in subsection (c) of this section, the towing and storage firm, municipality, or county that holds a perfected possessory lien on any vehicle and its contents not redeemed by its owner or security lienholder within the time frame provided by this section shall sell the vehicle and its contents at a nonjudicial public sale for cash. (2) The sale shall not occur later than ninety (90) days after perfection of the lien or forty-five (45) days after the release of any law enforcement hold or other official hold, whichever is later.

(1) Except as provided in subsection (c) of this section, the towing and storage firm, municipality, or county that holds a perfected possessory lien on any vehicle and its contents not redeemed by its owner or security lienholder within the time frame provided by this section shall sell the vehicle and its contents at a nonjudicial public sale for cash.

(2) The sale shall not occur later than ninety (90) days after perfection of the lien or forty-five (45) days after the release of any law enforcement hold or other official hold, whichever is later.

(c) A vehicle that is held by a municipality or county on a storage lot owned and operated by the municipality or county may defer the public sale and make use of the vehicle for law enforcement purposes if: (1) The municipality or county complies with the notice provisions of § 27-50-1208 ; (2) The time frame as provided under subsection (a) of this section has expired; and (3) The municipality or county enacts an ordinance that: (A) Declares the municipality's or the county's policy regarding the deferral for law enforcement purposes; (B) Charges a specific municipal or county official with the responsibilities of: (i) Identifying the vehicles to be used by the municipality or county; and (ii) (a) Declaring a future date to publicly sell the vehicle pursuant to § 27-50-1210 . (b) The date of the sale shall be a maximum of six (6) months following the passage of the time frame for an owner or lienholder to reclaim a vehicle under subsection (a) of this section or as soon as is practicable if circumstances arise that prevent the sale on the declared sale date; and (C) Requires that the official ensure that the public sale proceed on the sale date declared in the ordinance.

(1) The municipality or county complies with the notice provisions of § 27-50-1208 ;

(2) The time frame as provided under subsection (a) of this section has expired; and

(3) The municipality or county enacts an ordinance that: (A) Declares the municipality's or the county's policy regarding the deferral for law enforcement purposes; (B) Charges a specific municipal or county official with the responsibilities of: (i) Identifying the vehicles to be used by the municipality or county; and (ii) (a) Declaring a future date to publicly sell the vehicle pursuant to § 27-50-1210 . (b) The date of the sale shall be a maximum of six (6) months following the passage of the time frame for an owner or lienholder to reclaim a vehicle under subsection (a) of this section or as soon as is practicable if circumstances arise that prevent the sale on the declared sale date; and (C) Requires that the official ensure that the public sale proceed on the sale date declared in the ordinance.

(A) Declares the municipality's or the county's policy regarding the deferral for law enforcement purposes;

(B) Charges a specific municipal or county official with the responsibilities of: (i) Identifying the vehicles to be used by the municipality or county; and (ii) (a) Declaring a future date to publicly sell the vehicle pursuant to § 27-50-1210 . (b) The date of the sale shall be a maximum of six (6) months following the passage of the time frame for an owner or lienholder to reclaim a vehicle under subsection (a) of this section or as soon as is practicable if circumstances arise that prevent the sale on the declared sale date; and

(i) Identifying the vehicles to be used by the municipality or county; and

(ii) (a) Declaring a future date to publicly sell the vehicle pursuant to § 27-50-1210 . (b) The date of the sale shall be a maximum of six (6) months following the passage of the time frame for an owner or lienholder to reclaim a vehicle under subsection (a) of this section or as soon as is practicable if circumstances arise that prevent the sale on the declared sale date; and

(a) Declaring a future date to publicly sell the vehicle pursuant to § 27-50-1210 .

(b) The date of the sale shall be a maximum of six (6) months following the passage of the time frame for an owner or lienholder to reclaim a vehicle under subsection (a) of this section or as soon as is practicable if circumstances arise that prevent the sale on the declared sale date; and

(C) Requires that the official ensure that the public sale proceed on the sale date declared in the ordinance.

(d) (1) The towing and storage firm, municipality, or county shall obtain written verification that the Arkansas Crime Information Center records do not list the vehicle as having been reported stolen. (2) The verification shall be on a form prescribed by the center, the Office of Motor Vehicle, a municipal police department, a county sheriff's department, or the Division of Arkansas State Police. (3) When the verification provided by this subsection is sought directly from the center by the towing and storage firm, the center may charge a fee, not to exceed ten dollars ($10.00) per vehicle verification.

(1) The towing and storage firm, municipality, or county shall obtain written verification that the Arkansas Crime Information Center records do not list the vehicle as having been reported stolen.

(2) The verification shall be on a form prescribed by the center, the Office of Motor Vehicle, a municipal police department, a county sheriff's department, or the Division of Arkansas State Police.

(3) When the verification provided by this subsection is sought directly from the center by the towing and storage firm, the center may charge a fee, not to exceed ten dollars ($10.00) per vehicle verification.

(e) (1) Notice of the sale shall be sent at least fifteen (15) days before the date of the sale by certified mail, no return receipt requested, to the registered owner and lienholder, if any. (2) If the data records of the Office of Motor Vehicle or the office of motor vehicles for the state where the vehicle is registered do not contain any information as to the last known registered owner or owners or lienholders, the notice required under subdivision (e)(1) of this section is not required. (3) Nothing in this subsection removes the requirement of notice of sale by publication under subsection (f) of this section.

(1) Notice of the sale shall be sent at least fifteen (15) days before the date of the sale by certified mail, no return receipt requested, to the registered owner and lienholder, if any.

(2) If the data records of the Office of Motor Vehicle or the office of motor vehicles for the state where the vehicle is registered do not contain any information as to the last known registered owner or owners or lienholders, the notice required under subdivision (e)(1) of this section is not required.

(3) Nothing in this subsection removes the requirement of notice of sale by publication under subsection (f) of this section.

(f) In addition to the notice by mail, notice of the sale shall be published in a newspaper of general circulation in the county at least one (1) time at least ten (10) days prior to the sale and shall be posted on the website that is sponsored and managed by the Arkansas Towing and Recovery Board for that purpose.

Amended by Act 2021, No. 794,§ 4, eff. 7/28/2021.

Acts 2001, No. 1830, § 6; 2005, No. 1878, § 8; 2005, No. 2189, § 1; 2005, No. 2211, § 4; 2007, No. 506, § 3; 2007, No. 1053, § 12.
Ark. Code Ann. § 27-66-204 — AR Code / Title 27 / Chapter 66 / Subchapter 2 / Section 27-66-204
Certain direct routes to county courthouse
Status: in_force

The county judge in his or her discretion may designate as a county road any road that is the most direct route to the county courthouse for ten (10) or more families if that road is graded and has been used by the general public as a road for at least two (2) years. Acts 1923, No. 666, § 3; Pope's Dig., § 6971; Acts 1983, No. 165, § 1; A.S.A. 1947, § 76-104.

The county judge in his or her discretion may designate as a county road any road that is the most direct route to the county courthouse for ten (10) or more families if that road is graded and has been used by the general public as a road for at least two (2) years.

Acts 1923, No. 666, § 3; Pope's Dig., § 6971; Acts 1983, No. 165, § 1; A.S.A. 1947, § 76-104.
Ark. Code Ann. § 27-66-403 — AR Code / Title 27 / Chapter 66 / Subchapter 4 / Section 27-66-403
Court order
Status: in_force

(a) (1) If the petitioner has not complied with the court's order under § 27-66-401 and paid into the registry of the county court the estimated sum, the court may dismiss the case without prejudice and provide that the matter may be refiled within one (1) year from dismissal in accordance with the Arkansas Rules of Civil Procedure. (2) If during the pendency of the proceedings the county court determines that the circuit court has jurisdiction over the matter, the county court may stay the proceedings or dismiss the case without prejudice and provide that the matter may be refiled within one (1) year from dismissal in accordance with the Arkansas Rules of Civil Procedure. (3) (A) (i) The evidentiary hearing may be held if: (a) At least sixty (60) days have passed since the initial petition was filed; (b) The landlocked petitioner has complied with the court's order under § 27-66-401 ; and (c) The landlocked petitioner has deposited the estimated sum under § 27-66-401 . (ii) At the evidentiary hearing, all parties shall have the opportunity to present evidence and cross-examine witnesses. (B) (i) If after considering the report of the viewers, the evidence, the law, and all other proper and sufficient matters the court is of the opinion that it is necessary for the petitioner to have the road from his or her lands, dwelling house, or plantation to the public road or navigable watercourse, an order is to be made establishing the road not to exceed fifty feet (50') in width and determining the damages sustained by each owner of lands through which the access easement passes. (ii) (a) The access easement of ingress and egress to and from the petitioner's lands to, through, over, and across the respondent's lands shall be described in the final order or judgment of the court and shall be appurtenant to the petitioner's lands. (b) (1) The order shall direct return of excess funds, if any, to the petitioner and any further deposits necessary to be made by the petitioners for the payment of all costs and expenses, including reasonable attorney's fees and costs, accruing and remaining unpaid on account of the petition for the road, and all things relating thereto and following therefrom, including the view and survey of the road and damages sustained by each owner of the lands over which the road passes. (2) (A) If the respondent substantially prevails on the disputed issues in the case, the court shall award reasonable attorney's fees and costs to the respondent. (B) In determining whether the respondent substantially prevails on the disputed issues, the court shall consider the respondent's success on the merits regarding the: (i) Necessity of the road; (ii) Route of the road; (iii) Width of the road; and (iv) Damages to the lands over which the road passes. (c) The order shall state that: (1) The respondent retains title to the lands over which the road passes; and (2) The road is for an access easement only and is not an easement for any other purpose, including a public utility. (iii) The petitioner shall be solely responsible for the maintenance of the road established under this subchapter. (iv) The respondent shall have no responsibility for the maintenance of the road established under this subchapter. (v) A user of the road does so at his or her own risk and peril and does not have the right to file a cause of action against the petitioner or respondent for any injury to the user or the user's property. (b) (1) Either party may appeal to the circuit court from the final order or judgment of the county court within thirty (30) days from the entry of the order and not thereafter. (2) The review by the circuit court shall be de novo and for strict compliance with this subchapter and any additional violations of the due process rights of the parties. Amended by Act 2013, No. 1083,§ 6, eff. 8/16/2013. Amended by Act 2013, No. 1083,§ 5, eff. 8/16/2013. Acts 1871, No. 26, § 61, p. 56; C. & M. Dig., § 5251; Acts 1927, No. 216, § 1; Pope's Dig., § 6977; Acts 1955, No. 125, § 1; A.S.A. 1947, § 76-111; Acts 2009, No. 747, § 1.

(a) (1) If the petitioner has not complied with the court's order under § 27-66-401 and paid into the registry of the county court the estimated sum, the court may dismiss the case without prejudice and provide that the matter may be refiled within one (1) year from dismissal in accordance with the Arkansas Rules of Civil Procedure. (2) If during the pendency of the proceedings the county court determines that the circuit court has jurisdiction over the matter, the county court may stay the proceedings or dismiss the case without prejudice and provide that the matter may be refiled within one (1) year from dismissal in accordance with the Arkansas Rules of Civil Procedure. (3) (A) (i) The evidentiary hearing may be held if: (a) At least sixty (60) days have passed since the initial petition was filed; (b) The landlocked petitioner has complied with the court's order under § 27-66-401 ; and (c) The landlocked petitioner has deposited the estimated sum under § 27-66-401 . (ii) At the evidentiary hearing, all parties shall have the opportunity to present evidence and cross-examine witnesses. (B) (i) If after considering the report of the viewers, the evidence, the law, and all other proper and sufficient matters the court is of the opinion that it is necessary for the petitioner to have the road from his or her lands, dwelling house, or plantation to the public road or navigable watercourse, an order is to be made establishing the road not to exceed fifty feet (50') in width and determining the damages sustained by each owner of lands through which the access easement passes. (ii) (a) The access easement of ingress and egress to and from the petitioner's lands to, through, over, and across the respondent's lands shall be described in the final order or judgment of the court and shall be appurtenant to the petitioner's lands. (b) (1) The order shall direct return of excess funds, if any, to the petitioner and any further deposits necessary to be made by the petitioners for the payment of all costs and expenses, including reasonable attorney's fees and costs, accruing and remaining unpaid on account of the petition for the road, and all things relating thereto and following therefrom, including the view and survey of the road and damages sustained by each owner of the lands over which the road passes. (2) (A) If the respondent substantially prevails on the disputed issues in the case, the court shall award reasonable attorney's fees and costs to the respondent. (B) In determining whether the respondent substantially prevails on the disputed issues, the court shall consider the respondent's success on the merits regarding the: (i) Necessity of the road; (ii) Route of the road; (iii) Width of the road; and (iv) Damages to the lands over which the road passes. (c) The order shall state that: (1) The respondent retains title to the lands over which the road passes; and (2) The road is for an access easement only and is not an easement for any other purpose, including a public utility. (iii) The petitioner shall be solely responsible for the maintenance of the road established under this subchapter. (iv) The respondent shall have no responsibility for the maintenance of the road established under this subchapter. (v) A user of the road does so at his or her own risk and peril and does not have the right to file a cause of action against the petitioner or respondent for any injury to the user or the user's property.

(1) If the petitioner has not complied with the court's order under § 27-66-401 and paid into the registry of the county court the estimated sum, the court may dismiss the case without prejudice and provide that the matter may be refiled within one (1) year from dismissal in accordance with the Arkansas Rules of Civil Procedure.

(2) If during the pendency of the proceedings the county court determines that the circuit court has jurisdiction over the matter, the county court may stay the proceedings or dismiss the case without prejudice and provide that the matter may be refiled within one (1) year from dismissal in accordance with the Arkansas Rules of Civil Procedure.

(3) (A) (i) The evidentiary hearing may be held if: (a) At least sixty (60) days have passed since the initial petition was filed; (b) The landlocked petitioner has complied with the court's order under § 27-66-401 ; and (c) The landlocked petitioner has deposited the estimated sum under § 27-66-401 . (ii) At the evidentiary hearing, all parties shall have the opportunity to present evidence and cross-examine witnesses. (B) (i) If after considering the report of the viewers, the evidence, the law, and all other proper and sufficient matters the court is of the opinion that it is necessary for the petitioner to have the road from his or her lands, dwelling house, or plantation to the public road or navigable watercourse, an order is to be made establishing the road not to exceed fifty feet (50') in width and determining the damages sustained by each owner of lands through which the access easement passes. (ii) (a) The access easement of ingress and egress to and from the petitioner's lands to, through, over, and across the respondent's lands shall be described in the final order or judgment of the court and shall be appurtenant to the petitioner's lands. (b) (1) The order shall direct return of excess funds, if any, to the petitioner and any further deposits necessary to be made by the petitioners for the payment of all costs and expenses, including reasonable attorney's fees and costs, accruing and remaining unpaid on account of the petition for the road, and all things relating thereto and following therefrom, including the view and survey of the road and damages sustained by each owner of the lands over which the road passes. (2) (A) If the respondent substantially prevails on the disputed issues in the case, the court shall award reasonable attorney's fees and costs to the respondent. (B) In determining whether the respondent substantially prevails on the disputed issues, the court shall consider the respondent's success on the merits regarding the: (i) Necessity of the road; (ii) Route of the road; (iii) Width of the road; and (iv) Damages to the lands over which the road passes. (c) The order shall state that: (1) The respondent retains title to the lands over which the road passes; and (2) The road is for an access easement only and is not an easement for any other purpose, including a public utility. (iii) The petitioner shall be solely responsible for the maintenance of the road established under this subchapter. (iv) The respondent shall have no responsibility for the maintenance of the road established under this subchapter. (v) A user of the road does so at his or her own risk and peril and does not have the right to file a cause of action against the petitioner or respondent for any injury to the user or the user's property.

(A) (i) The evidentiary hearing may be held if: (a) At least sixty (60) days have passed since the initial petition was filed; (b) The landlocked petitioner has complied with the court's order under § 27-66-401 ; and (c) The landlocked petitioner has deposited the estimated sum under § 27-66-401 . (ii) At the evidentiary hearing, all parties shall have the opportunity to present evidence and cross-examine witnesses.

(i) The evidentiary hearing may be held if: (a) At least sixty (60) days have passed since the initial petition was filed; (b) The landlocked petitioner has complied with the court's order under § 27-66-401 ; and (c) The landlocked petitioner has deposited the estimated sum under § 27-66-401 .

(a) At least sixty (60) days have passed since the initial petition was filed;

(b) The landlocked petitioner has complied with the court's order under § 27-66-401 ; and

(c) The landlocked petitioner has deposited the estimated sum under § 27-66-401 .

(ii) At the evidentiary hearing, all parties shall have the opportunity to present evidence and cross-examine witnesses.

(B) (i) If after considering the report of the viewers, the evidence, the law, and all other proper and sufficient matters the court is of the opinion that it is necessary for the petitioner to have the road from his or her lands, dwelling house, or plantation to the public road or navigable watercourse, an order is to be made establishing the road not to exceed fifty feet (50') in width and determining the damages sustained by each owner of lands through which the access easement passes. (ii) (a) The access easement of ingress and egress to and from the petitioner's lands to, through, over, and across the respondent's lands shall be described in the final order or judgment of the court and shall be appurtenant to the petitioner's lands. (b) (1) The order shall direct return of excess funds, if any, to the petitioner and any further deposits necessary to be made by the petitioners for the payment of all costs and expenses, including reasonable attorney's fees and costs, accruing and remaining unpaid on account of the petition for the road, and all things relating thereto and following therefrom, including the view and survey of the road and damages sustained by each owner of the lands over which the road passes. (2) (A) If the respondent substantially prevails on the disputed issues in the case, the court shall award reasonable attorney's fees and costs to the respondent. (B) In determining whether the respondent substantially prevails on the disputed issues, the court shall consider the respondent's success on the merits regarding the: (i) Necessity of the road; (ii) Route of the road; (iii) Width of the road; and (iv) Damages to the lands over which the road passes. (c) The order shall state that: (1) The respondent retains title to the lands over which the road passes; and (2) The road is for an access easement only and is not an easement for any other purpose, including a public utility. (iii) The petitioner shall be solely responsible for the maintenance of the road established under this subchapter. (iv) The respondent shall have no responsibility for the maintenance of the road established under this subchapter. (v) A user of the road does so at his or her own risk and peril and does not have the right to file a cause of action against the petitioner or respondent for any injury to the user or the user's property.

(i) If after considering the report of the viewers, the evidence, the law, and all other proper and sufficient matters the court is of the opinion that it is necessary for the petitioner to have the road from his or her lands, dwelling house, or plantation to the public road or navigable watercourse, an order is to be made establishing the road not to exceed fifty feet (50') in width and determining the damages sustained by each owner of lands through which the access easement passes.

(ii) (a) The access easement of ingress and egress to and from the petitioner's lands to, through, over, and across the respondent's lands shall be described in the final order or judgment of the court and shall be appurtenant to the petitioner's lands. (b) (1) The order shall direct return of excess funds, if any, to the petitioner and any further deposits necessary to be made by the petitioners for the payment of all costs and expenses, including reasonable attorney's fees and costs, accruing and remaining unpaid on account of the petition for the road, and all things relating thereto and following therefrom, including the view and survey of the road and damages sustained by each owner of the lands over which the road passes. (2) (A) If the respondent substantially prevails on the disputed issues in the case, the court shall award reasonable attorney's fees and costs to the respondent. (B) In determining whether the respondent substantially prevails on the disputed issues, the court shall consider the respondent's success on the merits regarding the: (i) Necessity of the road; (ii) Route of the road; (iii) Width of the road; and (iv) Damages to the lands over which the road passes. (c) The order shall state that: (1) The respondent retains title to the lands over which the road passes; and (2) The road is for an access easement only and is not an easement for any other purpose, including a public utility.

(a) The access easement of ingress and egress to and from the petitioner's lands to, through, over, and across the respondent's lands shall be described in the final order or judgment of the court and shall be appurtenant to the petitioner's lands.

(b) (1) The order shall direct return of excess funds, if any, to the petitioner and any further deposits necessary to be made by the petitioners for the payment of all costs and expenses, including reasonable attorney's fees and costs, accruing and remaining unpaid on account of the petition for the road, and all things relating thereto and following therefrom, including the view and survey of the road and damages sustained by each owner of the lands over which the road passes. (2) (A) If the respondent substantially prevails on the disputed issues in the case, the court shall award reasonable attorney's fees and costs to the respondent. (B) In determining whether the respondent substantially prevails on the disputed issues, the court shall consider the respondent's success on the merits regarding the: (i) Necessity of the road; (ii) Route of the road; (iii) Width of the road; and (iv) Damages to the lands over which the road passes.

(1) The order shall direct return of excess funds, if any, to the petitioner and any further deposits necessary to be made by the petitioners for the payment of all costs and expenses, including reasonable attorney's fees and costs, accruing and remaining unpaid on account of the petition for the road, and all things relating thereto and following therefrom, including the view and survey of the road and damages sustained by each owner of the lands over which the road passes.

(2) (A) If the respondent substantially prevails on the disputed issues in the case, the court shall award reasonable attorney's fees and costs to the respondent. (B) In determining whether the respondent substantially prevails on the disputed issues, the court shall consider the respondent's success on the merits regarding the: (i) Necessity of the road; (ii) Route of the road; (iii) Width of the road; and (iv) Damages to the lands over which the road passes.

(A) If the respondent substantially prevails on the disputed issues in the case, the court shall award reasonable attorney's fees and costs to the respondent.

(B) In determining whether the respondent substantially prevails on the disputed issues, the court shall consider the respondent's success on the merits regarding the: (i) Necessity of the road; (ii) Route of the road; (iii) Width of the road; and (iv) Damages to the lands over which the road passes.

(i) Necessity of the road;

(ii) Route of the road;

(iii) Width of the road; and

(iv) Damages to the lands over which the road passes.

(c) The order shall state that: (1) The respondent retains title to the lands over which the road passes; and (2) The road is for an access easement only and is not an easement for any other purpose, including a public utility.

(1) The respondent retains title to the lands over which the road passes; and

(2) The road is for an access easement only and is not an easement for any other purpose, including a public utility.

(iii) The petitioner shall be solely responsible for the maintenance of the road established under this subchapter.

(iv) The respondent shall have no responsibility for the maintenance of the road established under this subchapter.

(v) A user of the road does so at his or her own risk and peril and does not have the right to file a cause of action against the petitioner or respondent for any injury to the user or the user's property.

(b) (1) Either party may appeal to the circuit court from the final order or judgment of the county court within thirty (30) days from the entry of the order and not thereafter. (2) The review by the circuit court shall be de novo and for strict compliance with this subchapter and any additional violations of the due process rights of the parties.

(1) Either party may appeal to the circuit court from the final order or judgment of the county court within thirty (30) days from the entry of the order and not thereafter.

(2) The review by the circuit court shall be de novo and for strict compliance with this subchapter and any additional violations of the due process rights of the parties.

Amended by Act 2013, No. 1083,§ 6, eff. 8/16/2013.

Amended by Act 2013, No. 1083,§ 5, eff. 8/16/2013.

Acts 1871, No. 26, § 61, p. 56; C. & M. Dig., § 5251; Acts 1927, No. 216, § 1; Pope's Dig., § 6977; Acts 1955, No. 125, § 1; A.S.A. 1947, § 76-111; Acts 2009, No. 747, § 1.
Ark. Code Ann. § 27-24-1704 — AR Code / Title 27 / Chapter 24 / Subchapter 17 / Section 27-24-1704
Rules
Status: in_force

The Secretary of the Department of Finance and Administration may promulgate rules for the administration of this subchapter. Amended by Act 2019, No. 910,§ 4807, eff. 7/1/2019. Acts 2011, No. 804, § 1.

The Secretary of the Department of Finance and Administration may promulgate rules for the administration of this subchapter.

Amended by Act 2019, No. 910,§ 4807, eff. 7/1/2019.

Acts 2011, No. 804, § 1.
Ark. Code Ann. § 27-20-117 — AR Code / Title 27 / Chapter 20 / Subchapter 1 / Section 27-20-117
Automatic issuance of operator's license
Status: in_force

Notwithstanding any provision of this subchapter or any other laws to the contrary, when a person holding a valid motor-driven cycle operator's license reaches sixteen (16) years of age, he or she shall automatically be issued a motorcycle operator's license and shall not be required to submit to the examinations prescribed by § 27-20-108 . Acts 1991, No. 614, § 1.

Notwithstanding any provision of this subchapter or any other laws to the contrary, when a person holding a valid motor-driven cycle operator's license reaches sixteen (16) years of age, he or she shall automatically be issued a motorcycle operator's license and shall not be required to submit to the examinations prescribed by § 27-20-108 .

Acts 1991, No. 614, § 1.
Ark. Code Ann. § 27-76-103 — AR Code / Title 27 / Chapter 76 / Subchapter 1 / Section 27-76-103
Definitions
Status: in_force

As used in this chapter: (1) (A) "Bond" means a revenue bond or note issued under this chapter by a regional mobility authority created under this chapter. (B) "Bond" includes any other financial obligation of a regional mobility authority authorized by this chapter, the laws of this state, or the Arkansas Constitution; (2) (A) "Compensation" means any payment for the value of the use of time or the expenditure of moneys, including without limitation: (i) A salary; or (ii) Per diem allowance. (B) "Compensation" does not include reimbursement as provided under § 27-76-302(d) ; (3) "Debt service" means the amounts necessary for paying principal, interest, trustee's and paying agent's fees, and 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 chapter; (4) "Governmental entity" means a lawfully created branch, department, or agency of the federal, state, or local government; (5) "Owner" means any individual, partnership, association, corporation, or organization having any title or interest in any property, rights, easements, and interest authorized to be acquired by and under the regional mobility authority of this chapter; (6) "Person" means any individual, partnership, corporation, or other entity recognized by law as having power to contract; (7) "Project development" means all phases of implementation conducted in relation to a transportation project, including without limitation: (A) Planning; (B) Environmental clearances; (C) Surveys; (D) Design; (E) Utility adjustments; (F) Right-of-way acquisition; (G) Construction; and (H) Construction inspection; (8) "Public utility facility" means a facility that is either publicly or privately owned and that provides direct or indirect utility service to the public, including without limitation: (A) Sewage and water pumping stations; (B) Sewage and water treatment facilities; (C) Telephone electronic structures; and (D) Major electrical power lines, pipelines, or substations whose major purpose is transport through a community; (9) "Registered owner" means an owner of a motor vehicle as shown on the vehicle registration records maintained by the Office of Motor Vehicle or the analogous department or agency of another state or country; (10) (A) "Toll facility project" means: (i) Any new highway constructed under the provisions of this chapter by a regional mobility authority as a toll road; and (ii) All property, rights, easements, rights-of-way, and interest that may be acquired by the regional mobility authority for or in connection with the construction or operation of a toll road. (B) "Toll facility project" includes without limitation the following as the regional mobility authority deems necessary or desirable for the operation of a toll road: (i) Lands; (ii) Rights-of-way; (iii) Bridges; (iv) Tunnels; (v) Overpasses; (vi) Underpasses; (vii) Interchanges; (viii) Entrance plazas; (ix) Approaches; (x) Toll houses; (xi) Administration buildings; (xii) Storage buildings; (xiii) Other buildings; and (xiv) Facilities; (11) (A) "Toll facility project costs" means any direct and indirect costs incurred in connection with the acquisition of rights-of-way for and constructing and equipping toll facility projects, including without limitation: (i) The cost of the acquisition of all lands, property, rights, rights-of-way, easements, and interests acquired by a governmental entity; (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, including interest accrued: (a) Prior to construction; (b) During construction; or (c) 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) Administration expense, expenditures, or any other expense that is necessary or incidental to determining the feasibility or practicability of a toll facility project; and (ix) Cost, expenditure, or any other expense that is necessary or incidental to the construction of a toll facility project, the finance of the construction, and the placement of the toll facility project into operation. (B) Toll facility project costs also shall include any obligation, expense, or expenditure incurred or made by the regional mobility authority for matters pertaining to a toll facility project, including without limitation: (i) Feasibility studies; (ii) Traffic surveys; (iii) Borings; (iv) Preparation of plans and specifications; (v) Engineering services; and (vi) Cost, expenditure, or any other expense that is regarded as part of the costs of a toll facility project and that may be reimbursed to the State Highway 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; (12) "Toll facility project revenues" means, without limitation, any 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 board of directors of the regional mobility authority by virtue of this chapter, except the proceeds derived from the sale of revenue bonds issued under this chapter; (13) "Transponder" means a device placed on or within a vehicle that is capable of transmitting or receiving information used to assess or collect tolls; (14) "Transportation project" means: (A) Any part of a transportation system; (B) Construction on or of any part of a transportation system; (C) Maintenance on or operation of any part of a transportation system; or (D) Preservation of any part of a transportation system; and (15) "Transportation system" means infrastructure that provides mobility for people or goods in a region, including without limitation: (A) Roads; (B) Streets; (C) Highways; (D) Bridges; (E) Tunnels; (F) Sidewalks; (G) Bicycle paths; (H) Trails; (I) Toll facilities; (J) Pedestrian ways; (K) Intermodal facilities; (L) Port authorities; (M) Waterways; (N) Railroads; (O) Parking facilities; (P) Public transit systems; (Q) Traveler information systems; (R) Intelligent transportation systems; (S) Traffic management systems; (T) Traffic signal systems; (U) Safety improvements; or (V) Any other means of surface or water transportation. Acts 2007, No. 389, § 1; 2009, No. 483, § 10; 2011, No. 524, § 1.

As used in this chapter:

(1) (A) "Bond" means a revenue bond or note issued under this chapter by a regional mobility authority created under this chapter. (B) "Bond" includes any other financial obligation of a regional mobility authority authorized by this chapter, the laws of this state, or the Arkansas Constitution;

(A) "Bond" means a revenue bond or note issued under this chapter by a regional mobility authority created under this chapter.

(B) "Bond" includes any other financial obligation of a regional mobility authority authorized by this chapter, the laws of this state, or the Arkansas Constitution;

(2) (A) "Compensation" means any payment for the value of the use of time or the expenditure of moneys, including without limitation: (i) A salary; or (ii) Per diem allowance. (B) "Compensation" does not include reimbursement as provided under § 27-76-302(d) ;

(A) "Compensation" means any payment for the value of the use of time or the expenditure of moneys, including without limitation: (i) A salary; or (ii) Per diem allowance.

(i) A salary; or

(ii) Per diem allowance.

(B) "Compensation" does not include reimbursement as provided under § 27-76-302(d) ;

(3) "Debt service" means the amounts necessary for paying principal, interest, trustee's and paying agent's fees, and 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 chapter;

(4) "Governmental entity" means a lawfully created branch, department, or agency of the federal, state, or local government;

(5) "Owner" means any individual, partnership, association, corporation, or organization having any title or interest in any property, rights, easements, and interest authorized to be acquired by and under the regional mobility authority of this chapter;

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

(7) "Project development" means all phases of implementation conducted in relation to a transportation project, including without limitation: (A) Planning; (B) Environmental clearances; (C) Surveys; (D) Design; (E) Utility adjustments; (F) Right-of-way acquisition; (G) Construction; and (H) Construction inspection;

(A) Planning;

(B) Environmental clearances;

(C) Surveys;

(D) Design;

(E) Utility adjustments;

(F) Right-of-way acquisition;

(G) Construction; and

(H) Construction inspection;

(8) "Public utility facility" means a facility that is either publicly or privately owned and that provides direct or indirect utility service to the public, including without limitation: (A) Sewage and water pumping stations; (B) Sewage and water treatment facilities; (C) Telephone electronic structures; and (D) Major electrical power lines, pipelines, or substations whose major purpose is transport through a community;

(A) Sewage and water pumping stations;

(B) Sewage and water treatment facilities;

(C) Telephone electronic structures; and

(D) Major electrical power lines, pipelines, or substations whose major purpose is transport through a community;

(9) "Registered owner" means an owner of a motor vehicle as shown on the vehicle registration records maintained by the Office of Motor Vehicle or the analogous department or agency of another state or country;

(10) (A) "Toll facility project" means: (i) Any new highway constructed under the provisions of this chapter by a regional mobility authority as a toll road; and (ii) All property, rights, easements, rights-of-way, and interest that may be acquired by the regional mobility authority for or in connection with the construction or operation of a toll road. (B) "Toll facility project" includes without limitation the following as the regional mobility authority deems necessary or desirable for the operation of a toll road: (i) Lands; (ii) Rights-of-way; (iii) Bridges; (iv) Tunnels; (v) Overpasses; (vi) Underpasses; (vii) Interchanges; (viii) Entrance plazas; (ix) Approaches; (x) Toll houses; (xi) Administration buildings; (xii) Storage buildings; (xiii) Other buildings; and (xiv) Facilities;

(A) "Toll facility project" means: (i) Any new highway constructed under the provisions of this chapter by a regional mobility authority as a toll road; and (ii) All property, rights, easements, rights-of-way, and interest that may be acquired by the regional mobility authority for or in connection with the construction or operation of a toll road.

(i) Any new highway constructed under the provisions of this chapter by a regional mobility authority as a toll road; and

(ii) All property, rights, easements, rights-of-way, and interest that may be acquired by the regional mobility authority for or in connection with the construction or operation of a toll road.

(B) "Toll facility project" includes without limitation the following as the regional mobility authority deems necessary or desirable for the operation of a toll road: (i) Lands; (ii) Rights-of-way; (iii) Bridges; (iv) Tunnels; (v) Overpasses; (vi) Underpasses; (vii) Interchanges; (viii) Entrance plazas; (ix) Approaches; (x) Toll houses; (xi) Administration buildings; (xii) Storage buildings; (xiii) Other buildings; and (xiv) Facilities;

(i) Lands;

(ii) Rights-of-way;

(iii) Bridges;

(iv) Tunnels;

(v) Overpasses;

(vi) Underpasses;

(vii) Interchanges;

(viii) Entrance plazas;

(ix) Approaches;

(x) Toll houses;

(xi) Administration buildings;

(xii) Storage buildings;

(xiii) Other buildings; and

(xiv) Facilities;

(11) (A) "Toll facility project costs" means any direct and indirect costs incurred in connection with the acquisition of rights-of-way for and constructing and equipping toll facility projects, including without limitation: (i) The cost of the acquisition of all lands, property, rights, rights-of-way, easements, and interests acquired by a governmental entity; (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, including interest accrued: (a) Prior to construction; (b) During construction; or (c) 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) Administration expense, expenditures, or any other expense that is necessary or incidental to determining the feasibility or practicability of a toll facility project; and (ix) Cost, expenditure, or any other expense that is necessary or incidental to the construction of a toll facility project, the finance of the construction, and the placement of the toll facility project into operation. (B) Toll facility project costs also shall include any obligation, expense, or expenditure incurred or made by the regional mobility authority for matters pertaining to a toll facility project, including without limitation: (i) Feasibility studies; (ii) Traffic surveys; (iii) Borings; (iv) Preparation of plans and specifications; (v) Engineering services; and (vi) Cost, expenditure, or any other expense that is regarded as part of the costs of a toll facility project and that may be reimbursed to the State Highway 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) "Toll facility project costs" means any direct and indirect costs incurred in connection with the acquisition of rights-of-way for and constructing and equipping toll facility projects, including without limitation: (i) The cost of the acquisition of all lands, property, rights, rights-of-way, easements, and interests acquired by a governmental entity; (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, including interest accrued: (a) Prior to construction; (b) During construction; or (c) 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) Administration expense, expenditures, or any other expense that is necessary or incidental to determining the feasibility or practicability of a toll facility project; and (ix) Cost, expenditure, or any other expense that is necessary or incidental to the construction of a toll facility project, the finance of the construction, and the placement of the toll facility project into operation.

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

(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, including interest accrued: (a) Prior to construction; (b) During construction; or (c) For a period after construction;

(a) Prior to construction;

(b) During construction; or

(c) 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) Administration expense, expenditures, or any other expense that is necessary or incidental to determining the feasibility or practicability of a toll facility project; and

(ix) Cost, expenditure, or any other expense that is necessary or incidental to the construction of a toll facility project, the finance of the construction, and the placement of the toll facility project into operation.

(B) Toll facility project costs also shall include any obligation, expense, or expenditure incurred or made by the regional mobility authority for matters pertaining to a toll facility project, including without limitation: (i) Feasibility studies; (ii) Traffic surveys; (iii) Borings; (iv) Preparation of plans and specifications; (v) Engineering services; and (vi) Cost, expenditure, or any other expense that is regarded as part of the costs of a toll facility project and that may be reimbursed to the State Highway 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;

(i) Feasibility studies;

(ii) Traffic surveys;

(iii) Borings;

(iv) Preparation of plans and specifications;

(v) Engineering services; and

(vi) Cost, expenditure, or any other expense that is regarded as part of the costs of a toll facility project and that may be reimbursed to the State Highway 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;

(12) "Toll facility project revenues" means, without limitation, any 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 board of directors of the regional mobility authority by virtue of this chapter, except the proceeds derived from the sale of revenue bonds issued under this chapter;

(13) "Transponder" means a device placed on or within a vehicle that is capable of transmitting or receiving information used to assess or collect tolls;

(14) "Transportation project" means: (A) Any part of a transportation system; (B) Construction on or of any part of a transportation system; (C) Maintenance on or operation of any part of a transportation system; or (D) Preservation of any part of a transportation system; and

(A) Any part of a transportation system;

(B) Construction on or of any part of a transportation system;

(C) Maintenance on or operation of any part of a transportation system; or

(D) Preservation of any part of a transportation system; and

(15) "Transportation system" means infrastructure that provides mobility for people or goods in a region, including without limitation: (A) Roads; (B) Streets; (C) Highways; (D) Bridges; (E) Tunnels; (F) Sidewalks; (G) Bicycle paths; (H) Trails; (I) Toll facilities; (J) Pedestrian ways; (K) Intermodal facilities; (L) Port authorities; (M) Waterways; (N) Railroads; (O) Parking facilities; (P) Public transit systems; (Q) Traveler information systems; (R) Intelligent transportation systems; (S) Traffic management systems; (T) Traffic signal systems; (U) Safety improvements; or (V) Any other means of surface or water transportation.

(A) Roads;

(B) Streets;

(C) Highways;

(D) Bridges;

(E) Tunnels;

(F) Sidewalks;

(G) Bicycle paths;

(H) Trails;

(I) Toll facilities;

(J) Pedestrian ways;

(K) Intermodal facilities;

(L) Port authorities;

(M) Waterways;

(N) Railroads;

(O) Parking facilities;

(P) Public transit systems;

(Q) Traveler information systems;

(R) Intelligent transportation systems;

(S) Traffic management systems;

(T) Traffic signal systems;

(U) Safety improvements; or

(V) Any other means of surface or water transportation.

Acts 2007, No. 389, § 1; 2009, No. 483, § 10; 2011, No. 524, § 1.
Ark. Code Ann. § 27-14-1015 — AR Code / Title 27 / Chapter 14 / Subchapter 10 / Section 27-14-1015
Payment of personal property taxes and listing for assessment required
Status: in_force

(a) The owner of every vehicle subject to registration in Arkansas shall assess the vehicle with the county tax assessor in the county where required by law and within the time required by law. (b) (1) The county tax assessor and county tax collector shall provide to the Secretary of the Department of Finance and Administration updates to the state vehicle registration system to indicate whether or not the owner of each vehicle registered in the county has assessed the vehicle and owes no delinquent personal property taxes. (2) The provisions of this section shall not apply to vehicles assessed by the Tax Division of the Arkansas Public Service Commission and registered under the provisions of the International Registration Plan, nor shall the provisions of this section apply to vehicles owned by the state, public schools, or political subdivisions of this state or any other vehicles which are not subject to annual assessment and payment of personal property taxes. (3) The secretary shall provide free of charge to each county assessor and to each county collector in this state, such additional computer hardware, software, and telecommunications links as he or she deems are essential to allow the county assessors and collectors to electronically forward to the Department of Finance and Administration updates to the vehicle registration system for the purposes of adding, changing, or removing information identifying vehicles which have been assessed within the time frame required by law, and vehicles for which the owners have paid personal property taxes within the time frame required by law. (c) There is hereby levied a new fee of two dollars and fifty cents ($2.50) for the sale of each annual license plate validation decal for a motor vehicle. This new fee shall be collected by the secretary at the same time the vehicle registration fees imposed by § 27-14-601 are collected. However, this new decal fee shall be accounted for separately from the registration fee. The amount shall be mandatory and is collected for the purpose of extending to vehicle owners the additional services and conveniences of the options to renew vehicle registrations by telephone, electronically, by mail, or in person without requiring applicants to submit to the secretary proof of assessment and payment of personal property taxes. (d) (1) One dollar and fifty cents ($1.50) of the amount collected by the secretary pursuant to subsection (c) of this section for each annual license plate validation decal shall not be deposited into the State Treasury but shall be remitted to the Arkansas Development Finance Authority. (2) One dollar ($1.00) of the amount collected by the secretary pursuant to subsection (c) of this section for each annual license plate validation decal shall be deposited into the State Treasury as direct revenues to the State Central Services Fund, there to be used by the Revenue Division of the Department of Finance and Administration in supporting those activities and programs which will facilitate extending to vehicle owners the additional services and conveniences of the options to renew vehicle registrations by telephone, electronically, by mail, or in person without requiring applicants to submit to the secretary proof of assessment and payment of personal property taxes or proof of automobile liability insurance coverage. (3) All amounts derived from the new fee imposed by subsection (c) of this section for the sale of annual license plate validation decals, whether held by the secretary or the authority, which are to be remitted to the authority shall be cash funds not subject to appropriation and shall be used and applied by the authority only as provided in § 22-3-1225 . The fees charged for the annual license plate validation decal and paid to the authority pursuant to subdivision (d)(1) of this section shall not be reduced or otherwise impaired during the time that the fees are pledged by the authority to the repayment of any of the authority's bonds issued in accordance with § 22-3-1225 . Amended by Act 2019, No. 910,§ 4565, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4564, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4563, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4562, eff. 7/1/2019. Acts 1967, No. 465, §§ 10, 11; 1969, No. 42, §§ 1, 2; 1975 (Extended Sess., 1976), No. 1200, §§ 2, 3; A.S.A. 1947, §§ 75-133.20, 75-133.21; reen. Acts 1987, No. 1000, § 2; Acts 1991, No. 1005, § 4; 1993, No. 233, § 1; 1997, No. 974, § 4.

(a) The owner of every vehicle subject to registration in Arkansas shall assess the vehicle with the county tax assessor in the county where required by law and within the time required by law.

(b) (1) The county tax assessor and county tax collector shall provide to the Secretary of the Department of Finance and Administration updates to the state vehicle registration system to indicate whether or not the owner of each vehicle registered in the county has assessed the vehicle and owes no delinquent personal property taxes. (2) The provisions of this section shall not apply to vehicles assessed by the Tax Division of the Arkansas Public Service Commission and registered under the provisions of the International Registration Plan, nor shall the provisions of this section apply to vehicles owned by the state, public schools, or political subdivisions of this state or any other vehicles which are not subject to annual assessment and payment of personal property taxes. (3) The secretary shall provide free of charge to each county assessor and to each county collector in this state, such additional computer hardware, software, and telecommunications links as he or she deems are essential to allow the county assessors and collectors to electronically forward to the Department of Finance and Administration updates to the vehicle registration system for the purposes of adding, changing, or removing information identifying vehicles which have been assessed within the time frame required by law, and vehicles for which the owners have paid personal property taxes within the time frame required by law.

(1) The county tax assessor and county tax collector shall provide to the Secretary of the Department of Finance and Administration updates to the state vehicle registration system to indicate whether or not the owner of each vehicle registered in the county has assessed the vehicle and owes no delinquent personal property taxes.

(2) The provisions of this section shall not apply to vehicles assessed by the Tax Division of the Arkansas Public Service Commission and registered under the provisions of the International Registration Plan, nor shall the provisions of this section apply to vehicles owned by the state, public schools, or political subdivisions of this state or any other vehicles which are not subject to annual assessment and payment of personal property taxes.

(3) The secretary shall provide free of charge to each county assessor and to each county collector in this state, such additional computer hardware, software, and telecommunications links as he or she deems are essential to allow the county assessors and collectors to electronically forward to the Department of Finance and Administration updates to the vehicle registration system for the purposes of adding, changing, or removing information identifying vehicles which have been assessed within the time frame required by law, and vehicles for which the owners have paid personal property taxes within the time frame required by law.

(c) There is hereby levied a new fee of two dollars and fifty cents ($2.50) for the sale of each annual license plate validation decal for a motor vehicle. This new fee shall be collected by the secretary at the same time the vehicle registration fees imposed by § 27-14-601 are collected. However, this new decal fee shall be accounted for separately from the registration fee. The amount shall be mandatory and is collected for the purpose of extending to vehicle owners the additional services and conveniences of the options to renew vehicle registrations by telephone, electronically, by mail, or in person without requiring applicants to submit to the secretary proof of assessment and payment of personal property taxes.

(d) (1) One dollar and fifty cents ($1.50) of the amount collected by the secretary pursuant to subsection (c) of this section for each annual license plate validation decal shall not be deposited into the State Treasury but shall be remitted to the Arkansas Development Finance Authority. (2) One dollar ($1.00) of the amount collected by the secretary pursuant to subsection (c) of this section for each annual license plate validation decal shall be deposited into the State Treasury as direct revenues to the State Central Services Fund, there to be used by the Revenue Division of the Department of Finance and Administration in supporting those activities and programs which will facilitate extending to vehicle owners the additional services and conveniences of the options to renew vehicle registrations by telephone, electronically, by mail, or in person without requiring applicants to submit to the secretary proof of assessment and payment of personal property taxes or proof of automobile liability insurance coverage. (3) All amounts derived from the new fee imposed by subsection (c) of this section for the sale of annual license plate validation decals, whether held by the secretary or the authority, which are to be remitted to the authority shall be cash funds not subject to appropriation and shall be used and applied by the authority only as provided in § 22-3-1225 . The fees charged for the annual license plate validation decal and paid to the authority pursuant to subdivision (d)(1) of this section shall not be reduced or otherwise impaired during the time that the fees are pledged by the authority to the repayment of any of the authority's bonds issued in accordance with § 22-3-1225 .

(1) One dollar and fifty cents ($1.50) of the amount collected by the secretary pursuant to subsection (c) of this section for each annual license plate validation decal shall not be deposited into the State Treasury but shall be remitted to the Arkansas Development Finance Authority.

(2) One dollar ($1.00) of the amount collected by the secretary pursuant to subsection (c) of this section for each annual license plate validation decal shall be deposited into the State Treasury as direct revenues to the State Central Services Fund, there to be used by the Revenue Division of the Department of Finance and Administration in supporting those activities and programs which will facilitate extending to vehicle owners the additional services and conveniences of the options to renew vehicle registrations by telephone, electronically, by mail, or in person without requiring applicants to submit to the secretary proof of assessment and payment of personal property taxes or proof of automobile liability insurance coverage.

(3) All amounts derived from the new fee imposed by subsection (c) of this section for the sale of annual license plate validation decals, whether held by the secretary or the authority, which are to be remitted to the authority shall be cash funds not subject to appropriation and shall be used and applied by the authority only as provided in § 22-3-1225 . The fees charged for the annual license plate validation decal and paid to the authority pursuant to subdivision (d)(1) of this section shall not be reduced or otherwise impaired during the time that the fees are pledged by the authority to the repayment of any of the authority's bonds issued in accordance with § 22-3-1225 .

Amended by Act 2019, No. 910,§ 4565, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4564, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4563, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4562, eff. 7/1/2019.

Acts 1967, No. 465, §§ 10, 11; 1969, No. 42, §§ 1, 2; 1975 (Extended Sess., 1976), No. 1200, §§ 2, 3; A.S.A. 1947, §§ 75-133.20, 75-133.21; reen. Acts 1987, No. 1000, § 2; Acts 1991, No. 1005, § 4; 1993, No. 233, § 1; 1997, No. 974, § 4.
Ark. Code Ann. § 27-51-905 — AR Code / Title 27 / Chapter 51 / Subchapter 9 / Section 27-51-905
Use of flashing emergency lights - Definition
Status: in_force

(a) (1) All of the following shall be equipped with red rotating or flashing emergency lights: (A) Motor vehicles used by state, county, city, or municipal fire departments; (B) Motor vehicles owned and used by volunteer firefighters while engaged in official duties; (C) Motor vehicles used by emergency medical services personnel licensed by the Department of Health or privately owned fire departments; and (D) Ambulances used solely for ambulance purposes that are approved as ambulances in accordance with state and federal highway safety standards. (2) Flashing emergency lights shall be used by volunteer firefighters solely while engaged in the performance of duties as volunteer firefighters and by emergency medical services personnel solely while engaged in the performance of duties with an ambulance service licensed by the department or an organized rescue squad or team. (b) (1) As used in this section, "hazardous service vehicle" means: (A) A motor vehicle owned by a state, county, or municipal agency, the use of which is determined by the agency to be required for dangerous or hazardous service; and (B) A motor vehicle owned by a public service corporation or by a private individual, the use of which is determined by the Office of Motor Vehicle, in accordance with rules established by the Office of Motor Vehicle to prevent abuses thereof, to be used for hazardous service. (2) (A) A hazardous service vehicle may be equipped with amber flashing or rotating emergency or warning lights that shall display its amber flashing or rotating emergency or warning lights during hazardous use in order that other motorists and the public are aware of the hazardous use of the vehicle and exercise caution when approaching the vehicle at all times while the amber flashing or rotating emergency or warning lights are in operation. (B) Equipage with or display of amber flashing or rotating emergency or warning lights does not qualify a motor vehicle as an emergency vehicle or a hazardous service vehicle. (3) All hazardous service vehicles shall conform to regular traffic signals and speed limits during their operation. (c) (1) A motor vehicle used as a wrecker or tow vehicle permitted or licensed under § 27-50-1203 may be equipped with amber flashing or rotating emergency or warning lights that shall be displayed only during hazardous use in order that other motorists and the public are aware of the special or hazardous use of the wrecker or tow vehicle and exercise caution in approaching the wrecker or tow vehicle at all times while the amber flashing or rotating emergency or warning lights are in operation. (2) Equipage with or display of amber flashing or rotating emergency or warning lights does not qualify a motor vehicle used as a wrecker or tow vehicle as an emergency vehicle. (3) (A) Red flashing or rotating emergency or warning lights on a motor vehicle used as a wrecker or tow vehicle shall be operated only while the wrecker or tow vehicle is stopped on or within ten feet (10') of a public way and engaged in recovery or loading and hooking up an abandoned, unattended, disabled, or wrecked vehicle. (B) A wrecker or tow vehicle shall not operate forward-facing red flashing or rotating emergency or warning lights while underway, except as may be expressly authorized or required by law otherwise. (d) It is unlawful to install, operate, or use any rotating or flashing light on any motor vehicle except as authorized in this section. Added by Act 2017, No. 448,§ 39, eff. 8/1/2017.

(a) (1) All of the following shall be equipped with red rotating or flashing emergency lights: (A) Motor vehicles used by state, county, city, or municipal fire departments; (B) Motor vehicles owned and used by volunteer firefighters while engaged in official duties; (C) Motor vehicles used by emergency medical services personnel licensed by the Department of Health or privately owned fire departments; and (D) Ambulances used solely for ambulance purposes that are approved as ambulances in accordance with state and federal highway safety standards. (2) Flashing emergency lights shall be used by volunteer firefighters solely while engaged in the performance of duties as volunteer firefighters and by emergency medical services personnel solely while engaged in the performance of duties with an ambulance service licensed by the department or an organized rescue squad or team.

(1) All of the following shall be equipped with red rotating or flashing emergency lights: (A) Motor vehicles used by state, county, city, or municipal fire departments; (B) Motor vehicles owned and used by volunteer firefighters while engaged in official duties; (C) Motor vehicles used by emergency medical services personnel licensed by the Department of Health or privately owned fire departments; and (D) Ambulances used solely for ambulance purposes that are approved as ambulances in accordance with state and federal highway safety standards.

(A) Motor vehicles used by state, county, city, or municipal fire departments;

(B) Motor vehicles owned and used by volunteer firefighters while engaged in official duties;

(C) Motor vehicles used by emergency medical services personnel licensed by the Department of Health or privately owned fire departments; and

(D) Ambulances used solely for ambulance purposes that are approved as ambulances in accordance with state and federal highway safety standards.

(2) Flashing emergency lights shall be used by volunteer firefighters solely while engaged in the performance of duties as volunteer firefighters and by emergency medical services personnel solely while engaged in the performance of duties with an ambulance service licensed by the department or an organized rescue squad or team.

(b) (1) As used in this section, "hazardous service vehicle" means: (A) A motor vehicle owned by a state, county, or municipal agency, the use of which is determined by the agency to be required for dangerous or hazardous service; and (B) A motor vehicle owned by a public service corporation or by a private individual, the use of which is determined by the Office of Motor Vehicle, in accordance with rules established by the Office of Motor Vehicle to prevent abuses thereof, to be used for hazardous service. (2) (A) A hazardous service vehicle may be equipped with amber flashing or rotating emergency or warning lights that shall display its amber flashing or rotating emergency or warning lights during hazardous use in order that other motorists and the public are aware of the hazardous use of the vehicle and exercise caution when approaching the vehicle at all times while the amber flashing or rotating emergency or warning lights are in operation. (B) Equipage with or display of amber flashing or rotating emergency or warning lights does not qualify a motor vehicle as an emergency vehicle or a hazardous service vehicle. (3) All hazardous service vehicles shall conform to regular traffic signals and speed limits during their operation.

(1) As used in this section, "hazardous service vehicle" means: (A) A motor vehicle owned by a state, county, or municipal agency, the use of which is determined by the agency to be required for dangerous or hazardous service; and (B) A motor vehicle owned by a public service corporation or by a private individual, the use of which is determined by the Office of Motor Vehicle, in accordance with rules established by the Office of Motor Vehicle to prevent abuses thereof, to be used for hazardous service.

(A) A motor vehicle owned by a state, county, or municipal agency, the use of which is determined by the agency to be required for dangerous or hazardous service; and

(B) A motor vehicle owned by a public service corporation or by a private individual, the use of which is determined by the Office of Motor Vehicle, in accordance with rules established by the Office of Motor Vehicle to prevent abuses thereof, to be used for hazardous service.

(2) (A) A hazardous service vehicle may be equipped with amber flashing or rotating emergency or warning lights that shall display its amber flashing or rotating emergency or warning lights during hazardous use in order that other motorists and the public are aware of the hazardous use of the vehicle and exercise caution when approaching the vehicle at all times while the amber flashing or rotating emergency or warning lights are in operation. (B) Equipage with or display of amber flashing or rotating emergency or warning lights does not qualify a motor vehicle as an emergency vehicle or a hazardous service vehicle.

(A) A hazardous service vehicle may be equipped with amber flashing or rotating emergency or warning lights that shall display its amber flashing or rotating emergency or warning lights during hazardous use in order that other motorists and the public are aware of the hazardous use of the vehicle and exercise caution when approaching the vehicle at all times while the amber flashing or rotating emergency or warning lights are in operation.

(B) Equipage with or display of amber flashing or rotating emergency or warning lights does not qualify a motor vehicle as an emergency vehicle or a hazardous service vehicle.

(3) All hazardous service vehicles shall conform to regular traffic signals and speed limits during their operation.

(c) (1) A motor vehicle used as a wrecker or tow vehicle permitted or licensed under § 27-50-1203 may be equipped with amber flashing or rotating emergency or warning lights that shall be displayed only during hazardous use in order that other motorists and the public are aware of the special or hazardous use of the wrecker or tow vehicle and exercise caution in approaching the wrecker or tow vehicle at all times while the amber flashing or rotating emergency or warning lights are in operation. (2) Equipage with or display of amber flashing or rotating emergency or warning lights does not qualify a motor vehicle used as a wrecker or tow vehicle as an emergency vehicle. (3) (A) Red flashing or rotating emergency or warning lights on a motor vehicle used as a wrecker or tow vehicle shall be operated only while the wrecker or tow vehicle is stopped on or within ten feet (10') of a public way and engaged in recovery or loading and hooking up an abandoned, unattended, disabled, or wrecked vehicle. (B) A wrecker or tow vehicle shall not operate forward-facing red flashing or rotating emergency or warning lights while underway, except as may be expressly authorized or required by law otherwise.

(1) A motor vehicle used as a wrecker or tow vehicle permitted or licensed under § 27-50-1203 may be equipped with amber flashing or rotating emergency or warning lights that shall be displayed only during hazardous use in order that other motorists and the public are aware of the special or hazardous use of the wrecker or tow vehicle and exercise caution in approaching the wrecker or tow vehicle at all times while the amber flashing or rotating emergency or warning lights are in operation.

(2) Equipage with or display of amber flashing or rotating emergency or warning lights does not qualify a motor vehicle used as a wrecker or tow vehicle as an emergency vehicle.

(3) (A) Red flashing or rotating emergency or warning lights on a motor vehicle used as a wrecker or tow vehicle shall be operated only while the wrecker or tow vehicle is stopped on or within ten feet (10') of a public way and engaged in recovery or loading and hooking up an abandoned, unattended, disabled, or wrecked vehicle. (B) A wrecker or tow vehicle shall not operate forward-facing red flashing or rotating emergency or warning lights while underway, except as may be expressly authorized or required by law otherwise.

(A) Red flashing or rotating emergency or warning lights on a motor vehicle used as a wrecker or tow vehicle shall be operated only while the wrecker or tow vehicle is stopped on or within ten feet (10') of a public way and engaged in recovery or loading and hooking up an abandoned, unattended, disabled, or wrecked vehicle.

(B) A wrecker or tow vehicle shall not operate forward-facing red flashing or rotating emergency or warning lights while underway, except as may be expressly authorized or required by law otherwise.

(d) It is unlawful to install, operate, or use any rotating or flashing light on any motor vehicle except as authorized in this section.

Added by Act 2017, No. 448,§ 39, eff. 8/1/2017.
Ark. Code Ann. § 27-73-203 — AR Code / Title 27 / Chapter 73 / Subchapter 2 / Section 27-73-203
Penalty
Status: in_force

(a) Any person violating the provisions of this subchapter shall be guilty of a misdemeanor. That person shall, upon conviction, be fined in an amount of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250) or be imprisoned in the county jail for not more than ninety (90) days, or be both so fined and imprisoned. (b) Each day on which there is a violation shall constitute a separate offense and shall be punished accordingly. Acts 1973, No. 258, § 5; A.S.A. 1947, § 76-144.

(a) Any person violating the provisions of this subchapter shall be guilty of a misdemeanor. That person shall, upon conviction, be fined in an amount of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250) or be imprisoned in the county jail for not more than ninety (90) days, or be both so fined and imprisoned.

(b) Each day on which there is a violation shall constitute a separate offense and shall be punished accordingly.

Acts 1973, No. 258, § 5; A.S.A. 1947, § 76-144.
Ark. Code Ann. § 27-14-1705 — AR Code / Title 27 / Chapter 14 / Subchapter 17 / Section 27-14-1705
Temporary preprinted paper buyer's tags
Status: in_force

(a) (1) (A) A person who buys a motor vehicle from a licensed dealer shall be required to obtain one (1) temporary preprinted paper buyer's tag for the vehicle and any correlating sticker that is to be placed on the tag. (B) The preprinted paper buyer's tag may be issued by an approved licensed dealer, vendor, or the Office of Motor Vehicle. (2) (A) A person who buys a motor vehicle from a licensed dealer that cannot issue temporary preprinted paper buyer's tags shall: (i) Obtain the preprinted paper buyer's tag and sticker within ten (10) calendar days after the date of purchase of the vehicle from an approved vendor or the Office of Motor Vehicle; (ii) Provide to the vendor or the Office of Motor Vehicle a copy of the bill of sale or other documentation necessary to verify the dealer's name, the buyer's name, the date of sale, the motor vehicle's vehicle identification number, and the make, color, and model of the vehicle; and (iii) Maintain a copy of the bill of sale for the motor vehicle in the vehicle until the buyer obtains the preprinted paper buyer's tag and sticker. (B) A person who fails to obtain a preprinted paper buyer's tag and sticker within ten (10) calendar days of the date of purchase of the vehicle is subject to the fines in this section. (b) (1) The temporary preprinted paper buyer's tag is valid for the operation of the vehicle until the earlier of: (A) The date on which the vehicle is registered; or (B) The sixtieth calendar day after the date of purchase. (2) (A) If the date that a transferee of a motor vehicle must register the vehicle is extended under § 27-14-903(a)(2) , the dealer may issue one (1) additional temporary preprinted paper buyer's tag and sticker to the transferee, to expire thirty (30) calendar days from the date that the additional temporary preprinted paper buyer's tag was issued. (B) (i) If the dealer cannot issue preprinted paper buyer's tags, the transferee may obtain a temporary preprinted paper buyer's tag from the Office of Motor Vehicle. (ii) The additional preprinted paper buyer's tag expires thirty (30) calendar days from the date the additional tag was issued. (c) (1) (A) The following information shall be printed by the dealer, the vendor, or the Office of Motor Vehicle on the face of the temporary preprinted paper buyer's tags: (i) The actual date of sale; (ii) The date of expiration; (iii) The vehicle year, make, and model; (iv) The vehicle identification number; (v) The name of the issuing dealer; and (vi) Other information required by the Office of Motor Vehicle. (B) The expiration date of the preprinted paper buyer's tag shall be shown in ink on the preprinted paper buyer's tag in a place to be determined by the Office of Motor Vehicle, and the date shall be covered by a sticker for added security. (2) A dealer that issues a temporary preprinted paper buyer's tag shall indicate on the bill of sale that a temporary preprinted paper buyer's tag was issued in order to facilitate collection of the fees required by this subchapter. (d) (1) (A) The temporary preprinted paper buyer's tag issued under this section shall be placed at the location provided for the permanent motor vehicle license plate. (B) (i) The temporary preprinted paper buyer's tag shall be covered by a translucent material that protects the temporary tag until the tag's expiration. (ii) The translucent material covering the tag shall be approved by the Office of Motor Vehicle. (C) (i) The information on the tag shall be visible and readable when viewing the temporary tag covered with the translucent material. (ii) The translucent material shall cover the tag in the manner approved by the Office of Motor Vehicle. (D) A dealer that issues a temporary preprinted paper buyer's tag shall insert the tag into the translucent material and attach the tag to each vehicle the dealer sells to keep the tag in place and readable when the vehicle is in use. (2) If a preprinted paper buyer's tag placed at the location provided for the permanent motor vehicle license plate becomes damaged or destroyed, the motor vehicle purchaser shall be required to register the vehicle under § 27-14-705 or obtain a replacement preprinted paper buyer's tag from the original issuing dealer or from the Office of Motor Vehicle. (3) The replacement preprinted paper buyer's tag shall expire on the expiration date of the original preprinted paper buyer's tag. (e) The Secretary of the Department of Finance and Administration shall provide the specifications, form, and color of the temporary preprinted paper buyer's tag. (f) (1) (A) The buyer shall be responsible for paying to the secretary a fee to be set by the secretary, which shall not exceed five dollars and fifty cents ($5.50), for each temporary preprinted paper buyer's tag and any correlating sticker the buyer receives. (B) This fee shall be collected at the time the buyer registers the vehicle under § 27-14-705 . (2) The gross receipts or gross proceeds derived from the sale or issuance of temporary preprinted paper buyer's tags under this section shall be exempt from the Arkansas gross receipts tax levied by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., and any other state or local tax administered under those chapters. (3) (A) Except as provided in subdivision (f)(3)(B) of this section, all fees collected by the secretary under this section shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the General Revenue Fund Account of the State Apportionment Fund. (B) The amount in excess of the first three dollars ($3.00) of the fee collected under subdivision (f)(1)(A) of this section shall be deposited into the State Treasury, and the Treasurer of State shall credit it as cash revenue to the credit of the Revenue Division of the Department of Finance and Administration to offset administrative costs. (g) (1) For each temporary preprinted paper buyer's tag provided to a buyer, the issuer shall retain documentation containing: (A) The dealer's name and master license plate number; (B) The buyer's name; (C) The date the temporary preprinted paper buyer's tag was issued; (D) The vehicle's vehicle identification number; (E) The make and model of the vehicle; and (F) The expiration date of the temporary preprinted paper buyer's tag. (2) An issuer of preprinted paper buyer's tags shall provide the documentation required to be retained by subdivision (g)(1) of this section to the Office of Motor Vehicle on the date of sale for entry into the vehicle temporary tag database provided in § 27-14-1708 . (h) (1) (A) In addition to any other penalty prescribed by this section, the secretary may suspend or terminate a dealer's authority to issue temporary preprinted paper buyer's tags if the secretary determines that the dealer, manager, salesperson, or employee of the dealer: (i) Issues more than one (1) temporary preprinted paper buyer's tag to the same buyer for the same motor vehicle, except as authorized under subdivision (b)(2) or subdivision (d)(2) of this section; or (ii) Utilizes a temporary preprinted paper buyer's tag for any use other than a use authorized by subsections (b) and (d) of this section. (B) In addition to any other penalty prescribed by this section, if the secretary determines that the dealer, or a manager, salesperson, or employee of the dealer, has violated this subsection, the secretary may impose a penalty equal to ten dollars ($10.00) for each inappropriately issued temporary preprinted paper buyer's tag. (2) The secretary shall: (A) Notify the dealer in writing of the imposition of a penalty or of a suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags under this section; and (B) Provide information in the notice regarding the prohibited activity upon which the suspension or termination is based. (3) The dealer's authority to issue temporary preprinted paper buyer's tags may be suspended for: (A) Six (6) months for the first occurrence under subdivision (h)(1) of this section; or (B) One (1) year for the second occurrence under subdivision (h)(1) of this section. (4) The dealer's authority to issue temporary preprinted paper buyer's tags may be terminated for a third or subsequent occurrence under subdivision (h)(1) of this section. (5) (A) A dealer who desires a hearing on the imposition of a penalty, or of the suspension or termination of the dealer's authority to issue temporary tags under this section, shall notify the secretary in writing within twenty (20) days after receipt of the notice of imposition of a penalty, or of the suspension or termination. (B) A hearing officer appointed by the secretary shall schedule a hearing in an office of the division in the county of the dealer's principal place of business, unless the secretary and the dealer agree to another location for the hearing or agree that the hearing shall be held by telephone. (C) Hearings conducted under this section shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (D) The hearing officer shall render his or her decision in writing to modify, reverse, or affirm the imposition of a penalty, or of the suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags based upon the evidence presented at the hearing and shall serve a copy of the decision on the dealer. (6) (A) If the decision sustains, in whole or in part, the suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags, the dealer may file suit within thirty (30) days of receipt of the decision in the Pulaski County Circuit Court or the circuit court of the county of the dealer's principal place of business. (B) The dealer shall serve a copy of the petition on the secretary. (C) The appeal shall not stay the order of suspension or termination, and the order shall remain in effect and be terminated only in the event a decision reversing the suspension or termination is issued by the circuit court. (7) An appeal from the circuit court shall be in accordance with the laws governing appeals. (i) (1) Any dealer or approved vendor or any manager, salesperson, or employee of the dealer or vendor who pleads guilty or nolo contendere to or is found guilty of the misuse of a temporary preprinted paper buyer's tag or of allowing anyone else to misuse a temporary preprinted paper buyer's tag shall be fined not more than: (A) Two hundred fifty dollars ($250) for the first offense; (B) Five hundred dollars ($500) for the second offense; and (C) One thousand dollars ($1,000) for the third and subsequent offenses. (2) A buyer who pleads guilty or nolo contendere to or is found guilty of failing to obtain a temporary buyer's tag shall be fined not more than twenty-five dollars ($25.00). (3) A buyer who pleads guilty or nolo contendere to or is found guilty of altering a preprinted paper buyer's tag or the fraudulent use of a preprinted paper buyer's tag shall be fined not more than: (A) Two hundred fifty dollars ($250) for the first offense; (B) Five hundred dollars ($500) for the second offense; and (C) One thousand dollars ($1,000) for the third and subsequent offenses. (j) This section does not apply to an owner or lessee of a registered motor vehicle who elects to display a license plate on a replacement motor vehicle under § 27-14-902(a)(3)(B) . (k) (1) A person who buys a trailer or semitrailer from a licensed dealer may obtain one (1) temporary preprinted paper buyer's tag for the trailer or semitrailer and any correlating sticker that is to be placed on the tag. (2) The temporary preprinted paper buyer's tag may be issued by an approved licensed dealer, vendor, or the Office of Motor Vehicle. Amended by Act 2023, No. 41,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 525,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4613, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4612, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4611, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4610, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4609, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4608, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4607, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4606, eff. 7/1/2019. Amended by Act 2017, No. 1119,§ 3, eff. 11/13/2017. Amended by Act 2017, No. 1119,§ 2, eff. 11/13/2017. Amended by Act 2015, No. 705,§ 4, eff. 10/1/2015. Amended by Act 2015, No. 705,§ 3, eff. 10/1/2015. Amended by Act 2015, No. 705,§ 2, eff. 10/1/2015. Amended by Act 2013, No. 747,§ 2, eff. 4/4/2013. Acts 2005, No. 1929, § 4; 2009, No. 484, § 5; 2009, No. 756, § 20; 2009, No. 780, § 1; 2011, No. 351, § 1.

(a) (1) (A) A person who buys a motor vehicle from a licensed dealer shall be required to obtain one (1) temporary preprinted paper buyer's tag for the vehicle and any correlating sticker that is to be placed on the tag. (B) The preprinted paper buyer's tag may be issued by an approved licensed dealer, vendor, or the Office of Motor Vehicle. (2) (A) A person who buys a motor vehicle from a licensed dealer that cannot issue temporary preprinted paper buyer's tags shall: (i) Obtain the preprinted paper buyer's tag and sticker within ten (10) calendar days after the date of purchase of the vehicle from an approved vendor or the Office of Motor Vehicle; (ii) Provide to the vendor or the Office of Motor Vehicle a copy of the bill of sale or other documentation necessary to verify the dealer's name, the buyer's name, the date of sale, the motor vehicle's vehicle identification number, and the make, color, and model of the vehicle; and (iii) Maintain a copy of the bill of sale for the motor vehicle in the vehicle until the buyer obtains the preprinted paper buyer's tag and sticker. (B) A person who fails to obtain a preprinted paper buyer's tag and sticker within ten (10) calendar days of the date of purchase of the vehicle is subject to the fines in this section.

(1) (A) A person who buys a motor vehicle from a licensed dealer shall be required to obtain one (1) temporary preprinted paper buyer's tag for the vehicle and any correlating sticker that is to be placed on the tag. (B) The preprinted paper buyer's tag may be issued by an approved licensed dealer, vendor, or the Office of Motor Vehicle.

(A) A person who buys a motor vehicle from a licensed dealer shall be required to obtain one (1) temporary preprinted paper buyer's tag for the vehicle and any correlating sticker that is to be placed on the tag.

(B) The preprinted paper buyer's tag may be issued by an approved licensed dealer, vendor, or the Office of Motor Vehicle.

(2) (A) A person who buys a motor vehicle from a licensed dealer that cannot issue temporary preprinted paper buyer's tags shall: (i) Obtain the preprinted paper buyer's tag and sticker within ten (10) calendar days after the date of purchase of the vehicle from an approved vendor or the Office of Motor Vehicle; (ii) Provide to the vendor or the Office of Motor Vehicle a copy of the bill of sale or other documentation necessary to verify the dealer's name, the buyer's name, the date of sale, the motor vehicle's vehicle identification number, and the make, color, and model of the vehicle; and (iii) Maintain a copy of the bill of sale for the motor vehicle in the vehicle until the buyer obtains the preprinted paper buyer's tag and sticker. (B) A person who fails to obtain a preprinted paper buyer's tag and sticker within ten (10) calendar days of the date of purchase of the vehicle is subject to the fines in this section.

(A) A person who buys a motor vehicle from a licensed dealer that cannot issue temporary preprinted paper buyer's tags shall: (i) Obtain the preprinted paper buyer's tag and sticker within ten (10) calendar days after the date of purchase of the vehicle from an approved vendor or the Office of Motor Vehicle; (ii) Provide to the vendor or the Office of Motor Vehicle a copy of the bill of sale or other documentation necessary to verify the dealer's name, the buyer's name, the date of sale, the motor vehicle's vehicle identification number, and the make, color, and model of the vehicle; and (iii) Maintain a copy of the bill of sale for the motor vehicle in the vehicle until the buyer obtains the preprinted paper buyer's tag and sticker.

(i) Obtain the preprinted paper buyer's tag and sticker within ten (10) calendar days after the date of purchase of the vehicle from an approved vendor or the Office of Motor Vehicle;

(ii) Provide to the vendor or the Office of Motor Vehicle a copy of the bill of sale or other documentation necessary to verify the dealer's name, the buyer's name, the date of sale, the motor vehicle's vehicle identification number, and the make, color, and model of the vehicle; and

(iii) Maintain a copy of the bill of sale for the motor vehicle in the vehicle until the buyer obtains the preprinted paper buyer's tag and sticker.

(B) A person who fails to obtain a preprinted paper buyer's tag and sticker within ten (10) calendar days of the date of purchase of the vehicle is subject to the fines in this section.

(b) (1) The temporary preprinted paper buyer's tag is valid for the operation of the vehicle until the earlier of: (A) The date on which the vehicle is registered; or (B) The sixtieth calendar day after the date of purchase. (2) (A) If the date that a transferee of a motor vehicle must register the vehicle is extended under § 27-14-903(a)(2) , the dealer may issue one (1) additional temporary preprinted paper buyer's tag and sticker to the transferee, to expire thirty (30) calendar days from the date that the additional temporary preprinted paper buyer's tag was issued. (B) (i) If the dealer cannot issue preprinted paper buyer's tags, the transferee may obtain a temporary preprinted paper buyer's tag from the Office of Motor Vehicle. (ii) The additional preprinted paper buyer's tag expires thirty (30) calendar days from the date the additional tag was issued.

(1) The temporary preprinted paper buyer's tag is valid for the operation of the vehicle until the earlier of: (A) The date on which the vehicle is registered; or (B) The sixtieth calendar day after the date of purchase.

(A) The date on which the vehicle is registered; or

(B) The sixtieth calendar day after the date of purchase.

(2) (A) If the date that a transferee of a motor vehicle must register the vehicle is extended under § 27-14-903(a)(2) , the dealer may issue one (1) additional temporary preprinted paper buyer's tag and sticker to the transferee, to expire thirty (30) calendar days from the date that the additional temporary preprinted paper buyer's tag was issued. (B) (i) If the dealer cannot issue preprinted paper buyer's tags, the transferee may obtain a temporary preprinted paper buyer's tag from the Office of Motor Vehicle. (ii) The additional preprinted paper buyer's tag expires thirty (30) calendar days from the date the additional tag was issued.

(A) If the date that a transferee of a motor vehicle must register the vehicle is extended under § 27-14-903(a)(2) , the dealer may issue one (1) additional temporary preprinted paper buyer's tag and sticker to the transferee, to expire thirty (30) calendar days from the date that the additional temporary preprinted paper buyer's tag was issued.

(B) (i) If the dealer cannot issue preprinted paper buyer's tags, the transferee may obtain a temporary preprinted paper buyer's tag from the Office of Motor Vehicle. (ii) The additional preprinted paper buyer's tag expires thirty (30) calendar days from the date the additional tag was issued.

(i) If the dealer cannot issue preprinted paper buyer's tags, the transferee may obtain a temporary preprinted paper buyer's tag from the Office of Motor Vehicle.

(ii) The additional preprinted paper buyer's tag expires thirty (30) calendar days from the date the additional tag was issued.

(c) (1) (A) The following information shall be printed by the dealer, the vendor, or the Office of Motor Vehicle on the face of the temporary preprinted paper buyer's tags: (i) The actual date of sale; (ii) The date of expiration; (iii) The vehicle year, make, and model; (iv) The vehicle identification number; (v) The name of the issuing dealer; and (vi) Other information required by the Office of Motor Vehicle. (B) The expiration date of the preprinted paper buyer's tag shall be shown in ink on the preprinted paper buyer's tag in a place to be determined by the Office of Motor Vehicle, and the date shall be covered by a sticker for added security. (2) A dealer that issues a temporary preprinted paper buyer's tag shall indicate on the bill of sale that a temporary preprinted paper buyer's tag was issued in order to facilitate collection of the fees required by this subchapter.

(1) (A) The following information shall be printed by the dealer, the vendor, or the Office of Motor Vehicle on the face of the temporary preprinted paper buyer's tags: (i) The actual date of sale; (ii) The date of expiration; (iii) The vehicle year, make, and model; (iv) The vehicle identification number; (v) The name of the issuing dealer; and (vi) Other information required by the Office of Motor Vehicle. (B) The expiration date of the preprinted paper buyer's tag shall be shown in ink on the preprinted paper buyer's tag in a place to be determined by the Office of Motor Vehicle, and the date shall be covered by a sticker for added security.

(A) The following information shall be printed by the dealer, the vendor, or the Office of Motor Vehicle on the face of the temporary preprinted paper buyer's tags: (i) The actual date of sale; (ii) The date of expiration; (iii) The vehicle year, make, and model; (iv) The vehicle identification number; (v) The name of the issuing dealer; and (vi) Other information required by the Office of Motor Vehicle.

(i) The actual date of sale;

(ii) The date of expiration;

(iii) The vehicle year, make, and model;

(iv) The vehicle identification number;

(v) The name of the issuing dealer; and

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

(B) The expiration date of the preprinted paper buyer's tag shall be shown in ink on the preprinted paper buyer's tag in a place to be determined by the Office of Motor Vehicle, and the date shall be covered by a sticker for added security.

(2) A dealer that issues a temporary preprinted paper buyer's tag shall indicate on the bill of sale that a temporary preprinted paper buyer's tag was issued in order to facilitate collection of the fees required by this subchapter.

(d) (1) (A) The temporary preprinted paper buyer's tag issued under this section shall be placed at the location provided for the permanent motor vehicle license plate. (B) (i) The temporary preprinted paper buyer's tag shall be covered by a translucent material that protects the temporary tag until the tag's expiration. (ii) The translucent material covering the tag shall be approved by the Office of Motor Vehicle. (C) (i) The information on the tag shall be visible and readable when viewing the temporary tag covered with the translucent material. (ii) The translucent material shall cover the tag in the manner approved by the Office of Motor Vehicle. (D) A dealer that issues a temporary preprinted paper buyer's tag shall insert the tag into the translucent material and attach the tag to each vehicle the dealer sells to keep the tag in place and readable when the vehicle is in use. (2) If a preprinted paper buyer's tag placed at the location provided for the permanent motor vehicle license plate becomes damaged or destroyed, the motor vehicle purchaser shall be required to register the vehicle under § 27-14-705 or obtain a replacement preprinted paper buyer's tag from the original issuing dealer or from the Office of Motor Vehicle. (3) The replacement preprinted paper buyer's tag shall expire on the expiration date of the original preprinted paper buyer's tag.

(1) (A) The temporary preprinted paper buyer's tag issued under this section shall be placed at the location provided for the permanent motor vehicle license plate. (B) (i) The temporary preprinted paper buyer's tag shall be covered by a translucent material that protects the temporary tag until the tag's expiration. (ii) The translucent material covering the tag shall be approved by the Office of Motor Vehicle. (C) (i) The information on the tag shall be visible and readable when viewing the temporary tag covered with the translucent material. (ii) The translucent material shall cover the tag in the manner approved by the Office of Motor Vehicle. (D) A dealer that issues a temporary preprinted paper buyer's tag shall insert the tag into the translucent material and attach the tag to each vehicle the dealer sells to keep the tag in place and readable when the vehicle is in use.

(A) The temporary preprinted paper buyer's tag issued under this section shall be placed at the location provided for the permanent motor vehicle license plate.

(B) (i) The temporary preprinted paper buyer's tag shall be covered by a translucent material that protects the temporary tag until the tag's expiration. (ii) The translucent material covering the tag shall be approved by the Office of Motor Vehicle.

(i) The temporary preprinted paper buyer's tag shall be covered by a translucent material that protects the temporary tag until the tag's expiration.

(ii) The translucent material covering the tag shall be approved by the Office of Motor Vehicle.

(C) (i) The information on the tag shall be visible and readable when viewing the temporary tag covered with the translucent material. (ii) The translucent material shall cover the tag in the manner approved by the Office of Motor Vehicle.

(i) The information on the tag shall be visible and readable when viewing the temporary tag covered with the translucent material.

(ii) The translucent material shall cover the tag in the manner approved by the Office of Motor Vehicle.

(D) A dealer that issues a temporary preprinted paper buyer's tag shall insert the tag into the translucent material and attach the tag to each vehicle the dealer sells to keep the tag in place and readable when the vehicle is in use.

(2) If a preprinted paper buyer's tag placed at the location provided for the permanent motor vehicle license plate becomes damaged or destroyed, the motor vehicle purchaser shall be required to register the vehicle under § 27-14-705 or obtain a replacement preprinted paper buyer's tag from the original issuing dealer or from the Office of Motor Vehicle.

(3) The replacement preprinted paper buyer's tag shall expire on the expiration date of the original preprinted paper buyer's tag.

(e) The Secretary of the Department of Finance and Administration shall provide the specifications, form, and color of the temporary preprinted paper buyer's tag.

(f) (1) (A) The buyer shall be responsible for paying to the secretary a fee to be set by the secretary, which shall not exceed five dollars and fifty cents ($5.50), for each temporary preprinted paper buyer's tag and any correlating sticker the buyer receives. (B) This fee shall be collected at the time the buyer registers the vehicle under § 27-14-705 . (2) The gross receipts or gross proceeds derived from the sale or issuance of temporary preprinted paper buyer's tags under this section shall be exempt from the Arkansas gross receipts tax levied by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., and any other state or local tax administered under those chapters. (3) (A) Except as provided in subdivision (f)(3)(B) of this section, all fees collected by the secretary under this section shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the General Revenue Fund Account of the State Apportionment Fund. (B) The amount in excess of the first three dollars ($3.00) of the fee collected under subdivision (f)(1)(A) of this section shall be deposited into the State Treasury, and the Treasurer of State shall credit it as cash revenue to the credit of the Revenue Division of the Department of Finance and Administration to offset administrative costs.

(1) (A) The buyer shall be responsible for paying to the secretary a fee to be set by the secretary, which shall not exceed five dollars and fifty cents ($5.50), for each temporary preprinted paper buyer's tag and any correlating sticker the buyer receives. (B) This fee shall be collected at the time the buyer registers the vehicle under § 27-14-705 .

(A) The buyer shall be responsible for paying to the secretary a fee to be set by the secretary, which shall not exceed five dollars and fifty cents ($5.50), for each temporary preprinted paper buyer's tag and any correlating sticker the buyer receives.

(B) This fee shall be collected at the time the buyer registers the vehicle under § 27-14-705 .

(2) The gross receipts or gross proceeds derived from the sale or issuance of temporary preprinted paper buyer's tags under this section shall be exempt from the Arkansas gross receipts tax levied by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., and any other state or local tax administered under those chapters.

(3) (A) Except as provided in subdivision (f)(3)(B) of this section, all fees collected by the secretary under this section shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the General Revenue Fund Account of the State Apportionment Fund. (B) The amount in excess of the first three dollars ($3.00) of the fee collected under subdivision (f)(1)(A) of this section shall be deposited into the State Treasury, and the Treasurer of State shall credit it as cash revenue to the credit of the Revenue Division of the Department of Finance and Administration to offset administrative costs.

(A) Except as provided in subdivision (f)(3)(B) of this section, all fees collected by the secretary under this section shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the General Revenue Fund Account of the State Apportionment Fund.

(B) The amount in excess of the first three dollars ($3.00) of the fee collected under subdivision (f)(1)(A) of this section shall be deposited into the State Treasury, and the Treasurer of State shall credit it as cash revenue to the credit of the Revenue Division of the Department of Finance and Administration to offset administrative costs.

(g) (1) For each temporary preprinted paper buyer's tag provided to a buyer, the issuer shall retain documentation containing: (A) The dealer's name and master license plate number; (B) The buyer's name; (C) The date the temporary preprinted paper buyer's tag was issued; (D) The vehicle's vehicle identification number; (E) The make and model of the vehicle; and (F) The expiration date of the temporary preprinted paper buyer's tag. (2) An issuer of preprinted paper buyer's tags shall provide the documentation required to be retained by subdivision (g)(1) of this section to the Office of Motor Vehicle on the date of sale for entry into the vehicle temporary tag database provided in § 27-14-1708 .

(1) For each temporary preprinted paper buyer's tag provided to a buyer, the issuer shall retain documentation containing: (A) The dealer's name and master license plate number; (B) The buyer's name; (C) The date the temporary preprinted paper buyer's tag was issued; (D) The vehicle's vehicle identification number; (E) The make and model of the vehicle; and (F) The expiration date of the temporary preprinted paper buyer's tag.

(A) The dealer's name and master license plate number;

(B) The buyer's name;

(C) The date the temporary preprinted paper buyer's tag was issued;

(D) The vehicle's vehicle identification number;

(E) The make and model of the vehicle; and

(F) The expiration date of the temporary preprinted paper buyer's tag.

(2) An issuer of preprinted paper buyer's tags shall provide the documentation required to be retained by subdivision (g)(1) of this section to the Office of Motor Vehicle on the date of sale for entry into the vehicle temporary tag database provided in § 27-14-1708 .

(h) (1) (A) In addition to any other penalty prescribed by this section, the secretary may suspend or terminate a dealer's authority to issue temporary preprinted paper buyer's tags if the secretary determines that the dealer, manager, salesperson, or employee of the dealer: (i) Issues more than one (1) temporary preprinted paper buyer's tag to the same buyer for the same motor vehicle, except as authorized under subdivision (b)(2) or subdivision (d)(2) of this section; or (ii) Utilizes a temporary preprinted paper buyer's tag for any use other than a use authorized by subsections (b) and (d) of this section. (B) In addition to any other penalty prescribed by this section, if the secretary determines that the dealer, or a manager, salesperson, or employee of the dealer, has violated this subsection, the secretary may impose a penalty equal to ten dollars ($10.00) for each inappropriately issued temporary preprinted paper buyer's tag. (2) The secretary shall: (A) Notify the dealer in writing of the imposition of a penalty or of a suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags under this section; and (B) Provide information in the notice regarding the prohibited activity upon which the suspension or termination is based. (3) The dealer's authority to issue temporary preprinted paper buyer's tags may be suspended for: (A) Six (6) months for the first occurrence under subdivision (h)(1) of this section; or (B) One (1) year for the second occurrence under subdivision (h)(1) of this section. (4) The dealer's authority to issue temporary preprinted paper buyer's tags may be terminated for a third or subsequent occurrence under subdivision (h)(1) of this section. (5) (A) A dealer who desires a hearing on the imposition of a penalty, or of the suspension or termination of the dealer's authority to issue temporary tags under this section, shall notify the secretary in writing within twenty (20) days after receipt of the notice of imposition of a penalty, or of the suspension or termination. (B) A hearing officer appointed by the secretary shall schedule a hearing in an office of the division in the county of the dealer's principal place of business, unless the secretary and the dealer agree to another location for the hearing or agree that the hearing shall be held by telephone. (C) Hearings conducted under this section shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (D) The hearing officer shall render his or her decision in writing to modify, reverse, or affirm the imposition of a penalty, or of the suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags based upon the evidence presented at the hearing and shall serve a copy of the decision on the dealer. (6) (A) If the decision sustains, in whole or in part, the suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags, the dealer may file suit within thirty (30) days of receipt of the decision in the Pulaski County Circuit Court or the circuit court of the county of the dealer's principal place of business. (B) The dealer shall serve a copy of the petition on the secretary. (C) The appeal shall not stay the order of suspension or termination, and the order shall remain in effect and be terminated only in the event a decision reversing the suspension or termination is issued by the circuit court. (7) An appeal from the circuit court shall be in accordance with the laws governing appeals.

(1) (A) In addition to any other penalty prescribed by this section, the secretary may suspend or terminate a dealer's authority to issue temporary preprinted paper buyer's tags if the secretary determines that the dealer, manager, salesperson, or employee of the dealer: (i) Issues more than one (1) temporary preprinted paper buyer's tag to the same buyer for the same motor vehicle, except as authorized under subdivision (b)(2) or subdivision (d)(2) of this section; or (ii) Utilizes a temporary preprinted paper buyer's tag for any use other than a use authorized by subsections (b) and (d) of this section. (B) In addition to any other penalty prescribed by this section, if the secretary determines that the dealer, or a manager, salesperson, or employee of the dealer, has violated this subsection, the secretary may impose a penalty equal to ten dollars ($10.00) for each inappropriately issued temporary preprinted paper buyer's tag.

(A) In addition to any other penalty prescribed by this section, the secretary may suspend or terminate a dealer's authority to issue temporary preprinted paper buyer's tags if the secretary determines that the dealer, manager, salesperson, or employee of the dealer: (i) Issues more than one (1) temporary preprinted paper buyer's tag to the same buyer for the same motor vehicle, except as authorized under subdivision (b)(2) or subdivision (d)(2) of this section; or (ii) Utilizes a temporary preprinted paper buyer's tag for any use other than a use authorized by subsections (b) and (d) of this section.

(i) Issues more than one (1) temporary preprinted paper buyer's tag to the same buyer for the same motor vehicle, except as authorized under subdivision (b)(2) or subdivision (d)(2) of this section; or

(ii) Utilizes a temporary preprinted paper buyer's tag for any use other than a use authorized by subsections (b) and (d) of this section.

(B) In addition to any other penalty prescribed by this section, if the secretary determines that the dealer, or a manager, salesperson, or employee of the dealer, has violated this subsection, the secretary may impose a penalty equal to ten dollars ($10.00) for each inappropriately issued temporary preprinted paper buyer's tag.

(2) The secretary shall: (A) Notify the dealer in writing of the imposition of a penalty or of a suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags under this section; and (B) Provide information in the notice regarding the prohibited activity upon which the suspension or termination is based.

(A) Notify the dealer in writing of the imposition of a penalty or of a suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags under this section; and

(B) Provide information in the notice regarding the prohibited activity upon which the suspension or termination is based.

(3) The dealer's authority to issue temporary preprinted paper buyer's tags may be suspended for: (A) Six (6) months for the first occurrence under subdivision (h)(1) of this section; or (B) One (1) year for the second occurrence under subdivision (h)(1) of this section.

(A) Six (6) months for the first occurrence under subdivision (h)(1) of this section; or

(B) One (1) year for the second occurrence under subdivision (h)(1) of this section.

(4) The dealer's authority to issue temporary preprinted paper buyer's tags may be terminated for a third or subsequent occurrence under subdivision (h)(1) of this section.

(5) (A) A dealer who desires a hearing on the imposition of a penalty, or of the suspension or termination of the dealer's authority to issue temporary tags under this section, shall notify the secretary in writing within twenty (20) days after receipt of the notice of imposition of a penalty, or of the suspension or termination. (B) A hearing officer appointed by the secretary shall schedule a hearing in an office of the division in the county of the dealer's principal place of business, unless the secretary and the dealer agree to another location for the hearing or agree that the hearing shall be held by telephone. (C) Hearings conducted under this section shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (D) The hearing officer shall render his or her decision in writing to modify, reverse, or affirm the imposition of a penalty, or of the suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags based upon the evidence presented at the hearing and shall serve a copy of the decision on the dealer.

(A) A dealer who desires a hearing on the imposition of a penalty, or of the suspension or termination of the dealer's authority to issue temporary tags under this section, shall notify the secretary in writing within twenty (20) days after receipt of the notice of imposition of a penalty, or of the suspension or termination.

(B) A hearing officer appointed by the secretary shall schedule a hearing in an office of the division in the county of the dealer's principal place of business, unless the secretary and the dealer agree to another location for the hearing or agree that the hearing shall be held by telephone.

(C) Hearings conducted under this section shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(D) The hearing officer shall render his or her decision in writing to modify, reverse, or affirm the imposition of a penalty, or of the suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags based upon the evidence presented at the hearing and shall serve a copy of the decision on the dealer.

(6) (A) If the decision sustains, in whole or in part, the suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags, the dealer may file suit within thirty (30) days of receipt of the decision in the Pulaski County Circuit Court or the circuit court of the county of the dealer's principal place of business. (B) The dealer shall serve a copy of the petition on the secretary. (C) The appeal shall not stay the order of suspension or termination, and the order shall remain in effect and be terminated only in the event a decision reversing the suspension or termination is issued by the circuit court.

(A) If the decision sustains, in whole or in part, the suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags, the dealer may file suit within thirty (30) days of receipt of the decision in the Pulaski County Circuit Court or the circuit court of the county of the dealer's principal place of business.

(B) The dealer shall serve a copy of the petition on the secretary.

(C) The appeal shall not stay the order of suspension or termination, and the order shall remain in effect and be terminated only in the event a decision reversing the suspension or termination is issued by the circuit court.

(7) An appeal from the circuit court shall be in accordance with the laws governing appeals.

(i) (1) Any dealer or approved vendor or any manager, salesperson, or employee of the dealer or vendor who pleads guilty or nolo contendere to or is found guilty of the misuse of a temporary preprinted paper buyer's tag or of allowing anyone else to misuse a temporary preprinted paper buyer's tag shall be fined not more than: (A) Two hundred fifty dollars ($250) for the first offense; (B) Five hundred dollars ($500) for the second offense; and (C) One thousand dollars ($1,000) for the third and subsequent offenses. (2) A buyer who pleads guilty or nolo contendere to or is found guilty of failing to obtain a temporary buyer's tag shall be fined not more than twenty-five dollars ($25.00). (3) A buyer who pleads guilty or nolo contendere to or is found guilty of altering a preprinted paper buyer's tag or the fraudulent use of a preprinted paper buyer's tag shall be fined not more than: (A) Two hundred fifty dollars ($250) for the first offense; (B) Five hundred dollars ($500) for the second offense; and (C) One thousand dollars ($1,000) for the third and subsequent offenses.

(1) Any dealer or approved vendor or any manager, salesperson, or employee of the dealer or vendor who pleads guilty or nolo contendere to or is found guilty of the misuse of a temporary preprinted paper buyer's tag or of allowing anyone else to misuse a temporary preprinted paper buyer's tag shall be fined not more than: (A) Two hundred fifty dollars ($250) for the first offense; (B) Five hundred dollars ($500) for the second offense; and (C) One thousand dollars ($1,000) for the third and subsequent offenses.

(A) Two hundred fifty dollars ($250) for the first offense;

(B) Five hundred dollars ($500) for the second offense; and

(C) One thousand dollars ($1,000) for the third and subsequent offenses.

(2) A buyer who pleads guilty or nolo contendere to or is found guilty of failing to obtain a temporary buyer's tag shall be fined not more than twenty-five dollars ($25.00).

(3) A buyer who pleads guilty or nolo contendere to or is found guilty of altering a preprinted paper buyer's tag or the fraudulent use of a preprinted paper buyer's tag shall be fined not more than: (A) Two hundred fifty dollars ($250) for the first offense; (B) Five hundred dollars ($500) for the second offense; and (C) One thousand dollars ($1,000) for the third and subsequent offenses.

(A) Two hundred fifty dollars ($250) for the first offense;

(B) Five hundred dollars ($500) for the second offense; and

(C) One thousand dollars ($1,000) for the third and subsequent offenses.

(j) This section does not apply to an owner or lessee of a registered motor vehicle who elects to display a license plate on a replacement motor vehicle under § 27-14-902(a)(3)(B) .

(k) (1) A person who buys a trailer or semitrailer from a licensed dealer may obtain one (1) temporary preprinted paper buyer's tag for the trailer or semitrailer and any correlating sticker that is to be placed on the tag. (2) The temporary preprinted paper buyer's tag may be issued by an approved licensed dealer, vendor, or the Office of Motor Vehicle.

(1) A person who buys a trailer or semitrailer from a licensed dealer may obtain one (1) temporary preprinted paper buyer's tag for the trailer or semitrailer and any correlating sticker that is to be placed on the tag.

(2) The temporary preprinted paper buyer's tag may be issued by an approved licensed dealer, vendor, or the Office of Motor Vehicle.

Amended by Act 2023, No. 41,§ 5, eff. 8/1/2023.

Amended by Act 2019, No. 525,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4613, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4612, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4611, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4610, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4609, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4608, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4607, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4606, eff. 7/1/2019.

Amended by Act 2017, No. 1119,§ 3, eff. 11/13/2017.

Amended by Act 2017, No. 1119,§ 2, eff. 11/13/2017.

Amended by Act 2015, No. 705,§ 4, eff. 10/1/2015.

Amended by Act 2015, No. 705,§ 3, eff. 10/1/2015.

Amended by Act 2015, No. 705,§ 2, eff. 10/1/2015.

Amended by Act 2013, No. 747,§ 2, eff. 4/4/2013.

Acts 2005, No. 1929, § 4; 2009, No. 484, § 5; 2009, No. 756, § 20; 2009, No. 780, § 1; 2011, No. 351, § 1.
Ark. Code Ann. § 27-101-1022 — AR Code / Title 27 / Chapter 101 / Subchapter 10 / Section 27-101-1022
Transfer by operation of law
Status: in_force

(a) Whenever the certificate of title or interest of an owner in or to a registered motorboat is transferred to another person by a method other than voluntary transfer, the registration and certificate of title of the motorboat shall expire, and the motorboat shall not be operated upon the waterways of this state for more than thirty (30) days after the date of transfer. (b) (1) Upon transfer, the new owner shall secure a new registration with a certificate of number under § 27-101-304 and a new certificate of title under this subchapter, if the new owner submits to the Office of Motor Vehicle: (A) The application and documents required to be submitted with the application; (B) Payment of all required fees; (C) Presentation and surrender of the last certificate of title; (D) Evidence that the lien or encumbrance was previously recorded in this state; and (E) The instruments or documents of authority, or certified copies of the instruments or documents of authority, as may be sufficient or required by law to evidence or effect a transfer of certificate of title or interest in or to chattels in this case. (2) (A) If the motorboat to be registered with a certificate of number and titled was previously registered with a certificate of number in a jurisdiction other than Arkansas and if the name of the new owner as lienholder is not shown on the existing certificate of title, a certificate of title shall not be issued to the new owner under this section. (B) Instead, the new owner may secure a new registration and certificate of title by obtaining an order issued by a court of competent jurisdiction directing issuance of the new registration with certificate of number and certificate of title. (3) The new owner, upon transferring his or her certificate of title or interest to another person, shall execute and acknowledge an assignment and warranty of title upon the certificate of title previously issued, if available, and deliver it, as well as the documents of authority or certified copies of the documents of authority, as may be sufficient or required by law to evidence the rights of the person, to the person to whom the transfer is made. Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.

(a) Whenever the certificate of title or interest of an owner in or to a registered motorboat is transferred to another person by a method other than voluntary transfer, the registration and certificate of title of the motorboat shall expire, and the motorboat shall not be operated upon the waterways of this state for more than thirty (30) days after the date of transfer.

(b) (1) Upon transfer, the new owner shall secure a new registration with a certificate of number under § 27-101-304 and a new certificate of title under this subchapter, if the new owner submits to the Office of Motor Vehicle: (A) The application and documents required to be submitted with the application; (B) Payment of all required fees; (C) Presentation and surrender of the last certificate of title; (D) Evidence that the lien or encumbrance was previously recorded in this state; and (E) The instruments or documents of authority, or certified copies of the instruments or documents of authority, as may be sufficient or required by law to evidence or effect a transfer of certificate of title or interest in or to chattels in this case. (2) (A) If the motorboat to be registered with a certificate of number and titled was previously registered with a certificate of number in a jurisdiction other than Arkansas and if the name of the new owner as lienholder is not shown on the existing certificate of title, a certificate of title shall not be issued to the new owner under this section. (B) Instead, the new owner may secure a new registration and certificate of title by obtaining an order issued by a court of competent jurisdiction directing issuance of the new registration with certificate of number and certificate of title. (3) The new owner, upon transferring his or her certificate of title or interest to another person, shall execute and acknowledge an assignment and warranty of title upon the certificate of title previously issued, if available, and deliver it, as well as the documents of authority or certified copies of the documents of authority, as may be sufficient or required by law to evidence the rights of the person, to the person to whom the transfer is made.

(1) Upon transfer, the new owner shall secure a new registration with a certificate of number under § 27-101-304 and a new certificate of title under this subchapter, if the new owner submits to the Office of Motor Vehicle: (A) The application and documents required to be submitted with the application; (B) Payment of all required fees; (C) Presentation and surrender of the last certificate of title; (D) Evidence that the lien or encumbrance was previously recorded in this state; and (E) The instruments or documents of authority, or certified copies of the instruments or documents of authority, as may be sufficient or required by law to evidence or effect a transfer of certificate of title or interest in or to chattels in this case.

(A) The application and documents required to be submitted with the application;

(B) Payment of all required fees;

(C) Presentation and surrender of the last certificate of title;

(D) Evidence that the lien or encumbrance was previously recorded in this state; and

(E) The instruments or documents of authority, or certified copies of the instruments or documents of authority, as may be sufficient or required by law to evidence or effect a transfer of certificate of title or interest in or to chattels in this case.

(2) (A) If the motorboat to be registered with a certificate of number and titled was previously registered with a certificate of number in a jurisdiction other than Arkansas and if the name of the new owner as lienholder is not shown on the existing certificate of title, a certificate of title shall not be issued to the new owner under this section. (B) Instead, the new owner may secure a new registration and certificate of title by obtaining an order issued by a court of competent jurisdiction directing issuance of the new registration with certificate of number and certificate of title.

(A) If the motorboat to be registered with a certificate of number and titled was previously registered with a certificate of number in a jurisdiction other than Arkansas and if the name of the new owner as lienholder is not shown on the existing certificate of title, a certificate of title shall not be issued to the new owner under this section.

(B) Instead, the new owner may secure a new registration and certificate of title by obtaining an order issued by a court of competent jurisdiction directing issuance of the new registration with certificate of number and certificate of title.

(3) The new owner, upon transferring his or her certificate of title or interest to another person, shall execute and acknowledge an assignment and warranty of title upon the certificate of title previously issued, if available, and deliver it, as well as the documents of authority or certified copies of the documents of authority, as may be sufficient or required by law to evidence the rights of the person, to the person to whom the transfer is made.

Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Ark. Code Ann. § 27-50-1203 — AR Code / Title 27 / Chapter 50 / Subchapter 12 / Section 27-50-1203
Arkansas Towing and Recovery Board - Creation
Status: in_force

(a) (1) There is hereby created the Arkansas Towing and Recovery Board consisting of nine (9) members appointed by the Governor and confirmed by the Senate, who shall serve terms of three (3) years. (2) (A) Five (5) members shall be appointed from the towing industry and shall be: (i) Licensed by the board to engage in nonconsent towing; and (ii) Appointed from the state at large. (B) One (1) member who is permitted to engage in repossession of vehicles using a tow vehicle shall be appointed from the state at large. (C) Two (2) members who are not associated with the towing industry shall be appointed from the state at large. (D) One (1) member shall be appointed from the insurance industry. (b) (1) The appointed board members shall be residents of the State of Arkansas at the time of appointment and throughout their terms. (2) (A) A member appointed under subdivision (a)(2)(A) of this section shall remain engaged in the business of nonconsent towing. (B) A member appointed under subdivision (a)(2)(B) of this section shall be engaged in the business of vehicle repossession using a tow vehicle. (C) A member appointed under subdivision (a)(2)(D) of this section shall remain actively engaged in the insurance industry. (D) A member appointed under subdivision (a)(2)(A), subdivision (a)(2)(B), or subdivision (a)(2)(D) of this section who no longer satisfies the requirements for his or her board position under subdivision (b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of this section shall: (i) Provide notification of his or her change of status to the Governor and the Director of the Arkansas Towing and Recovery Board; and (ii) Resign from the board within thirty (30) days of the date upon which the member no longer satisfies the requirements of subdivision (b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of this section. (c) (1) The members shall determine by majority vote of the quorum of the board who shall serve as chair. (2) The chair shall be elected annually from the membership of the board. (d) (1) The board shall meet at such times and places that the chair deems necessary, but no meeting shall be held outside the State of Arkansas. (2) Five (5) of the members of the board shall constitute a quorum for the purpose of transacting business. (3) All actions of the board shall be by a quorum. (e) (1) The board shall promulgate rules to carry out the intent of this subchapter and shall regulate the towing industry and vehicle immobilization service industry, including: (A) Establishing reasonable licensing, insurance, and equipment requirements for any person engaging in towing and related services for safety purposes or vehicle immobilization services under this subchapter; (B) Establishing reasonable tow truck safety requirements for any tow vehicle as defined in this subchapter; (C) Establishing a procedure to accept and investigate complaints from a consumer who claims that he or she has been overcharged for fees related to nonconsent towing, recovery, storage, or vehicle immobilization services; (D) Determining and sanctioning excessive or unnecessary fees charged to consumers related to nonconsent towing, recovery, storage, or vehicle immobilization services; (E) Requiring all entities permitted, licensed, or regulated under this subchapter to provide to the board all documents in response to information requests by the board pursuant to the investigation of consumer complaints or board complaints against the permittee or licensee; (F) Requiring all entities permitted, licensed, or regulated under this subchapter to provide itemized billing for fees related to towing, storage, or vehicle immobilization services that explains how the charges were calculated; (G) Requiring all entities permitted, licensed, or regulated under this subchapter to maintain a copy of their current maximum rate schedule or fee schedule posted in a conspicuous place and readily accessible to the public; (H) Requiring all entities permitted, licensed, or regulated under this subchapter to allow the owner or agent of the owner of a motor vehicle removed under this subchapter or under § 27-50-1101 to use any other entity permitted, licensed, or regulated under this subchapter when reclaiming the motor vehicle from storage; (I) (i) Requiring all entities permitted, licensed, or regulated under this subchapter to post a sign notifying customers of the consumer complaint process under § 27-50-1218 . (ii) The sign shall be in a conspicuous and central location in the public area and shall be a minimum of sixteen inches by twenty inches (16" x 20") in size. (iii) The board may assess a fine of between fifty dollars ($50.00) and two hundred fifty dollars ($250) for failure to comply with the provisions of this subdivision (e)(1)(I); (J) (i) Setting a minimum standard for the structure of the place of business and storage facility located in Arkansas and utilized for the daily operation of a towing company licensed and regulated under this subsection. (ii) The place of business shall utilize: (a) A location easily accessible by the public; (b) An appropriate and secure filing system for business records; and (c) Clear and visible signage displaying the name on the business license issued by the board that: (1) Is a minimum of four feet by six feet (4' x 6') in size or meets the criteria established by a municipal zoning ordinance, subdivision regulation, or building code; and (2) Displays the name, physical address, a published telephone number of the towing company, and hours of operation; (K) Adopting rules for the: (i) Registration of a person engaged in a consent-only towing business; (ii) Issuance of a certificate of registration required under subdivision (f)(1)(A)(iii) of this section; and (iii) The denial, revocation, or suspension of a license or permit issued under this subchapter; and (L) Establishing a website that is sponsored and managed by the board for a towing business to post the notice required by § 27-50-1101 and this subchapter. (2) The promulgation and adoption of rules shall in all respects be in the manner provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) After the promulgation and adoption of rules, any proposed change to add to, amend, repeal, or change any of the rules shall not have effect until reviewed and approved by the Administrative Rules Subcommittee of the Legislative Council subsequent to the time that the General Assembly next meets in regular session unless a finding exists that imminent peril to the public health, safety, or welfare requires immediate adoption, amendment, or repeal of the rules. (f) (1) (A) The board may charge: (i) Towing business license, repossession towing license, and vehicle immobilization service license fees not to exceed two hundred dollars ($200) per license; (ii) A fee not to exceed one hundred dollars ($100) per tow vehicle safety permit; and (iii) A fee for a certificate of registration for consent towing not to exceed twenty-five dollars ($25.00). (B) A person licensed by the board to perform towing services is authorized to perform vehicle immobilization services without obtaining a separate vehicle immobilization service license. (2) The board shall also have the authority to impose late filing fees in addition to the original filing fees in an amount not to exceed the original amount of the license fee or safety permit fee. (g) (1) The board shall have the authority to employ and discharge any personnel as may be necessary to administer and enforce the provisions of this subchapter and the rules promulgated hereunder. (2) The board shall employ investigators to investigate consumer complaints related to overcharging for nonconsent towing, recovery, storage fees, fees associated with the use of wheel clamps, violations of § 27-50-1101 , this subchapter, and violations of the rules promulgated by the board under this subchapter. (h) The board shall have the authority to obtain office space, furniture, stationery, and other proper supplies and conveniences reasonably necessary to carry out the provisions of this subchapter. (i) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (j) The board shall have the authority to establish a maximum amount to be charged by a towing business for each notification to an owner and a lienholder as required by this subchapter. (k) The board shall issue a towing business license or issue a tow vehicle safety permit for a tow vehicle licensed in another state to tow any vehicle in this state only when the tow vehicle owner establishes to the board's satisfaction that the operation of the tow vehicle in this state is in compliance with § 27-35-112 . Amended by Act 2021, No. 789,§ 10, eff. 7/28/2021. Amended by Act 2021, No. 789,§ 9, eff. 7/28/2021. Amended by Act 2021, No. 789,§ 8, eff. 7/28/2021. Amended by Act 2021, No. 789,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 794,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 789,§ 6, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 3152, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 3151, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 3150, eff. 7/24/2019. Amended by Act 2017, No. 953,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 953,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 953,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 1197,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1195,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1117,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1421,§ 5, eff. 8/16/2013. Amended by Act 2013, No. 1421,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 1366,§ 4, eff. 7/1/2013. Amended by Act 2013, No. 1002,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1002,§ 1, eff. 8/16/2013. Acts 1989, No. 899, § 9; 1993, No. 1000, § 3; 1997, No. 250, § 246; 1997, No. 392, § 2; 1999, No. 1279, § 2; 2005, No. 1878, § 2; 2007, No. 861, §§ 2-4; 2007, No. 1053, § 2; 2011, No. 780, § 8.

(a) (1) There is hereby created the Arkansas Towing and Recovery Board consisting of nine (9) members appointed by the Governor and confirmed by the Senate, who shall serve terms of three (3) years. (2) (A) Five (5) members shall be appointed from the towing industry and shall be: (i) Licensed by the board to engage in nonconsent towing; and (ii) Appointed from the state at large. (B) One (1) member who is permitted to engage in repossession of vehicles using a tow vehicle shall be appointed from the state at large. (C) Two (2) members who are not associated with the towing industry shall be appointed from the state at large. (D) One (1) member shall be appointed from the insurance industry.

(1) There is hereby created the Arkansas Towing and Recovery Board consisting of nine (9) members appointed by the Governor and confirmed by the Senate, who shall serve terms of three (3) years.

(2) (A) Five (5) members shall be appointed from the towing industry and shall be: (i) Licensed by the board to engage in nonconsent towing; and (ii) Appointed from the state at large. (B) One (1) member who is permitted to engage in repossession of vehicles using a tow vehicle shall be appointed from the state at large. (C) Two (2) members who are not associated with the towing industry shall be appointed from the state at large. (D) One (1) member shall be appointed from the insurance industry.

(A) Five (5) members shall be appointed from the towing industry and shall be: (i) Licensed by the board to engage in nonconsent towing; and (ii) Appointed from the state at large.

(i) Licensed by the board to engage in nonconsent towing; and

(ii) Appointed from the state at large.

(B) One (1) member who is permitted to engage in repossession of vehicles using a tow vehicle shall be appointed from the state at large.

(C) Two (2) members who are not associated with the towing industry shall be appointed from the state at large.

(D) One (1) member shall be appointed from the insurance industry.

(b) (1) The appointed board members shall be residents of the State of Arkansas at the time of appointment and throughout their terms. (2) (A) A member appointed under subdivision (a)(2)(A) of this section shall remain engaged in the business of nonconsent towing. (B) A member appointed under subdivision (a)(2)(B) of this section shall be engaged in the business of vehicle repossession using a tow vehicle. (C) A member appointed under subdivision (a)(2)(D) of this section shall remain actively engaged in the insurance industry. (D) A member appointed under subdivision (a)(2)(A), subdivision (a)(2)(B), or subdivision (a)(2)(D) of this section who no longer satisfies the requirements for his or her board position under subdivision (b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of this section shall: (i) Provide notification of his or her change of status to the Governor and the Director of the Arkansas Towing and Recovery Board; and (ii) Resign from the board within thirty (30) days of the date upon which the member no longer satisfies the requirements of subdivision (b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of this section.

(1) The appointed board members shall be residents of the State of Arkansas at the time of appointment and throughout their terms.

(2) (A) A member appointed under subdivision (a)(2)(A) of this section shall remain engaged in the business of nonconsent towing. (B) A member appointed under subdivision (a)(2)(B) of this section shall be engaged in the business of vehicle repossession using a tow vehicle. (C) A member appointed under subdivision (a)(2)(D) of this section shall remain actively engaged in the insurance industry. (D) A member appointed under subdivision (a)(2)(A), subdivision (a)(2)(B), or subdivision (a)(2)(D) of this section who no longer satisfies the requirements for his or her board position under subdivision (b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of this section shall: (i) Provide notification of his or her change of status to the Governor and the Director of the Arkansas Towing and Recovery Board; and (ii) Resign from the board within thirty (30) days of the date upon which the member no longer satisfies the requirements of subdivision (b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of this section.

(A) A member appointed under subdivision (a)(2)(A) of this section shall remain engaged in the business of nonconsent towing.

(B) A member appointed under subdivision (a)(2)(B) of this section shall be engaged in the business of vehicle repossession using a tow vehicle.

(C) A member appointed under subdivision (a)(2)(D) of this section shall remain actively engaged in the insurance industry.

(D) A member appointed under subdivision (a)(2)(A), subdivision (a)(2)(B), or subdivision (a)(2)(D) of this section who no longer satisfies the requirements for his or her board position under subdivision (b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of this section shall: (i) Provide notification of his or her change of status to the Governor and the Director of the Arkansas Towing and Recovery Board; and (ii) Resign from the board within thirty (30) days of the date upon which the member no longer satisfies the requirements of subdivision (b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of this section.

(i) Provide notification of his or her change of status to the Governor and the Director of the Arkansas Towing and Recovery Board; and

(ii) Resign from the board within thirty (30) days of the date upon which the member no longer satisfies the requirements of subdivision (b)(2)(A), subdivision (b)(2)(B), or subdivision (b)(2)(C) of this section.

(c) (1) The members shall determine by majority vote of the quorum of the board who shall serve as chair. (2) The chair shall be elected annually from the membership of the board.

(1) The members shall determine by majority vote of the quorum of the board who shall serve as chair.

(2) The chair shall be elected annually from the membership of the board.

(d) (1) The board shall meet at such times and places that the chair deems necessary, but no meeting shall be held outside the State of Arkansas. (2) Five (5) of the members of the board shall constitute a quorum for the purpose of transacting business. (3) All actions of the board shall be by a quorum.

(1) The board shall meet at such times and places that the chair deems necessary, but no meeting shall be held outside the State of Arkansas.

(2) Five (5) of the members of the board shall constitute a quorum for the purpose of transacting business.

(3) All actions of the board shall be by a quorum.

(e) (1) The board shall promulgate rules to carry out the intent of this subchapter and shall regulate the towing industry and vehicle immobilization service industry, including: (A) Establishing reasonable licensing, insurance, and equipment requirements for any person engaging in towing and related services for safety purposes or vehicle immobilization services under this subchapter; (B) Establishing reasonable tow truck safety requirements for any tow vehicle as defined in this subchapter; (C) Establishing a procedure to accept and investigate complaints from a consumer who claims that he or she has been overcharged for fees related to nonconsent towing, recovery, storage, or vehicle immobilization services; (D) Determining and sanctioning excessive or unnecessary fees charged to consumers related to nonconsent towing, recovery, storage, or vehicle immobilization services; (E) Requiring all entities permitted, licensed, or regulated under this subchapter to provide to the board all documents in response to information requests by the board pursuant to the investigation of consumer complaints or board complaints against the permittee or licensee; (F) Requiring all entities permitted, licensed, or regulated under this subchapter to provide itemized billing for fees related to towing, storage, or vehicle immobilization services that explains how the charges were calculated; (G) Requiring all entities permitted, licensed, or regulated under this subchapter to maintain a copy of their current maximum rate schedule or fee schedule posted in a conspicuous place and readily accessible to the public; (H) Requiring all entities permitted, licensed, or regulated under this subchapter to allow the owner or agent of the owner of a motor vehicle removed under this subchapter or under § 27-50-1101 to use any other entity permitted, licensed, or regulated under this subchapter when reclaiming the motor vehicle from storage; (I) (i) Requiring all entities permitted, licensed, or regulated under this subchapter to post a sign notifying customers of the consumer complaint process under § 27-50-1218 . (ii) The sign shall be in a conspicuous and central location in the public area and shall be a minimum of sixteen inches by twenty inches (16" x 20") in size. (iii) The board may assess a fine of between fifty dollars ($50.00) and two hundred fifty dollars ($250) for failure to comply with the provisions of this subdivision (e)(1)(I); (J) (i) Setting a minimum standard for the structure of the place of business and storage facility located in Arkansas and utilized for the daily operation of a towing company licensed and regulated under this subsection. (ii) The place of business shall utilize: (a) A location easily accessible by the public; (b) An appropriate and secure filing system for business records; and (c) Clear and visible signage displaying the name on the business license issued by the board that: (1) Is a minimum of four feet by six feet (4' x 6') in size or meets the criteria established by a municipal zoning ordinance, subdivision regulation, or building code; and (2) Displays the name, physical address, a published telephone number of the towing company, and hours of operation; (K) Adopting rules for the: (i) Registration of a person engaged in a consent-only towing business; (ii) Issuance of a certificate of registration required under subdivision (f)(1)(A)(iii) of this section; and (iii) The denial, revocation, or suspension of a license or permit issued under this subchapter; and (L) Establishing a website that is sponsored and managed by the board for a towing business to post the notice required by § 27-50-1101 and this subchapter. (2) The promulgation and adoption of rules shall in all respects be in the manner provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) After the promulgation and adoption of rules, any proposed change to add to, amend, repeal, or change any of the rules shall not have effect until reviewed and approved by the Administrative Rules Subcommittee of the Legislative Council subsequent to the time that the General Assembly next meets in regular session unless a finding exists that imminent peril to the public health, safety, or welfare requires immediate adoption, amendment, or repeal of the rules.

(1) The board shall promulgate rules to carry out the intent of this subchapter and shall regulate the towing industry and vehicle immobilization service industry, including: (A) Establishing reasonable licensing, insurance, and equipment requirements for any person engaging in towing and related services for safety purposes or vehicle immobilization services under this subchapter; (B) Establishing reasonable tow truck safety requirements for any tow vehicle as defined in this subchapter; (C) Establishing a procedure to accept and investigate complaints from a consumer who claims that he or she has been overcharged for fees related to nonconsent towing, recovery, storage, or vehicle immobilization services; (D) Determining and sanctioning excessive or unnecessary fees charged to consumers related to nonconsent towing, recovery, storage, or vehicle immobilization services; (E) Requiring all entities permitted, licensed, or regulated under this subchapter to provide to the board all documents in response to information requests by the board pursuant to the investigation of consumer complaints or board complaints against the permittee or licensee; (F) Requiring all entities permitted, licensed, or regulated under this subchapter to provide itemized billing for fees related to towing, storage, or vehicle immobilization services that explains how the charges were calculated; (G) Requiring all entities permitted, licensed, or regulated under this subchapter to maintain a copy of their current maximum rate schedule or fee schedule posted in a conspicuous place and readily accessible to the public; (H) Requiring all entities permitted, licensed, or regulated under this subchapter to allow the owner or agent of the owner of a motor vehicle removed under this subchapter or under § 27-50-1101 to use any other entity permitted, licensed, or regulated under this subchapter when reclaiming the motor vehicle from storage; (I) (i) Requiring all entities permitted, licensed, or regulated under this subchapter to post a sign notifying customers of the consumer complaint process under § 27-50-1218 . (ii) The sign shall be in a conspicuous and central location in the public area and shall be a minimum of sixteen inches by twenty inches (16" x 20") in size. (iii) The board may assess a fine of between fifty dollars ($50.00) and two hundred fifty dollars ($250) for failure to comply with the provisions of this subdivision (e)(1)(I); (J) (i) Setting a minimum standard for the structure of the place of business and storage facility located in Arkansas and utilized for the daily operation of a towing company licensed and regulated under this subsection. (ii) The place of business shall utilize: (a) A location easily accessible by the public; (b) An appropriate and secure filing system for business records; and (c) Clear and visible signage displaying the name on the business license issued by the board that: (1) Is a minimum of four feet by six feet (4' x 6') in size or meets the criteria established by a municipal zoning ordinance, subdivision regulation, or building code; and (2) Displays the name, physical address, a published telephone number of the towing company, and hours of operation; (K) Adopting rules for the: (i) Registration of a person engaged in a consent-only towing business; (ii) Issuance of a certificate of registration required under subdivision (f)(1)(A)(iii) of this section; and (iii) The denial, revocation, or suspension of a license or permit issued under this subchapter; and (L) Establishing a website that is sponsored and managed by the board for a towing business to post the notice required by § 27-50-1101 and this subchapter.

(A) Establishing reasonable licensing, insurance, and equipment requirements for any person engaging in towing and related services for safety purposes or vehicle immobilization services under this subchapter;

(B) Establishing reasonable tow truck safety requirements for any tow vehicle as defined in this subchapter;

(C) Establishing a procedure to accept and investigate complaints from a consumer who claims that he or she has been overcharged for fees related to nonconsent towing, recovery, storage, or vehicle immobilization services;

(D) Determining and sanctioning excessive or unnecessary fees charged to consumers related to nonconsent towing, recovery, storage, or vehicle immobilization services;

(E) Requiring all entities permitted, licensed, or regulated under this subchapter to provide to the board all documents in response to information requests by the board pursuant to the investigation of consumer complaints or board complaints against the permittee or licensee;

(F) Requiring all entities permitted, licensed, or regulated under this subchapter to provide itemized billing for fees related to towing, storage, or vehicle immobilization services that explains how the charges were calculated;

(G) Requiring all entities permitted, licensed, or regulated under this subchapter to maintain a copy of their current maximum rate schedule or fee schedule posted in a conspicuous place and readily accessible to the public;

(H) Requiring all entities permitted, licensed, or regulated under this subchapter to allow the owner or agent of the owner of a motor vehicle removed under this subchapter or under § 27-50-1101 to use any other entity permitted, licensed, or regulated under this subchapter when reclaiming the motor vehicle from storage;

(I) (i) Requiring all entities permitted, licensed, or regulated under this subchapter to post a sign notifying customers of the consumer complaint process under § 27-50-1218 . (ii) The sign shall be in a conspicuous and central location in the public area and shall be a minimum of sixteen inches by twenty inches (16" x 20") in size. (iii) The board may assess a fine of between fifty dollars ($50.00) and two hundred fifty dollars ($250) for failure to comply with the provisions of this subdivision (e)(1)(I);

(i) Requiring all entities permitted, licensed, or regulated under this subchapter to post a sign notifying customers of the consumer complaint process under § 27-50-1218 .

(ii) The sign shall be in a conspicuous and central location in the public area and shall be a minimum of sixteen inches by twenty inches (16" x 20") in size.

(iii) The board may assess a fine of between fifty dollars ($50.00) and two hundred fifty dollars ($250) for failure to comply with the provisions of this subdivision (e)(1)(I);

(J) (i) Setting a minimum standard for the structure of the place of business and storage facility located in Arkansas and utilized for the daily operation of a towing company licensed and regulated under this subsection. (ii) The place of business shall utilize: (a) A location easily accessible by the public; (b) An appropriate and secure filing system for business records; and (c) Clear and visible signage displaying the name on the business license issued by the board that: (1) Is a minimum of four feet by six feet (4' x 6') in size or meets the criteria established by a municipal zoning ordinance, subdivision regulation, or building code; and (2) Displays the name, physical address, a published telephone number of the towing company, and hours of operation;

(i) Setting a minimum standard for the structure of the place of business and storage facility located in Arkansas and utilized for the daily operation of a towing company licensed and regulated under this subsection.

(ii) The place of business shall utilize: (a) A location easily accessible by the public; (b) An appropriate and secure filing system for business records; and (c) Clear and visible signage displaying the name on the business license issued by the board that: (1) Is a minimum of four feet by six feet (4' x 6') in size or meets the criteria established by a municipal zoning ordinance, subdivision regulation, or building code; and (2) Displays the name, physical address, a published telephone number of the towing company, and hours of operation;

(a) A location easily accessible by the public;

(b) An appropriate and secure filing system for business records; and

(c) Clear and visible signage displaying the name on the business license issued by the board that: (1) Is a minimum of four feet by six feet (4' x 6') in size or meets the criteria established by a municipal zoning ordinance, subdivision regulation, or building code; and (2) Displays the name, physical address, a published telephone number of the towing company, and hours of operation;

(1) Is a minimum of four feet by six feet (4' x 6') in size or meets the criteria established by a municipal zoning ordinance, subdivision regulation, or building code; and

(2) Displays the name, physical address, a published telephone number of the towing company, and hours of operation;

(K) Adopting rules for the: (i) Registration of a person engaged in a consent-only towing business; (ii) Issuance of a certificate of registration required under subdivision (f)(1)(A)(iii) of this section; and (iii) The denial, revocation, or suspension of a license or permit issued under this subchapter; and

(i) Registration of a person engaged in a consent-only towing business;

(ii) Issuance of a certificate of registration required under subdivision (f)(1)(A)(iii) of this section; and

(iii) The denial, revocation, or suspension of a license or permit issued under this subchapter; and

(L) Establishing a website that is sponsored and managed by the board for a towing business to post the notice required by § 27-50-1101 and this subchapter.

(2) The promulgation and adoption of rules shall in all respects be in the manner provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(3) After the promulgation and adoption of rules, any proposed change to add to, amend, repeal, or change any of the rules shall not have effect until reviewed and approved by the Administrative Rules Subcommittee of the Legislative Council subsequent to the time that the General Assembly next meets in regular session unless a finding exists that imminent peril to the public health, safety, or welfare requires immediate adoption, amendment, or repeal of the rules.

(f) (1) (A) The board may charge: (i) Towing business license, repossession towing license, and vehicle immobilization service license fees not to exceed two hundred dollars ($200) per license; (ii) A fee not to exceed one hundred dollars ($100) per tow vehicle safety permit; and (iii) A fee for a certificate of registration for consent towing not to exceed twenty-five dollars ($25.00). (B) A person licensed by the board to perform towing services is authorized to perform vehicle immobilization services without obtaining a separate vehicle immobilization service license. (2) The board shall also have the authority to impose late filing fees in addition to the original filing fees in an amount not to exceed the original amount of the license fee or safety permit fee.

(1) (A) The board may charge: (i) Towing business license, repossession towing license, and vehicle immobilization service license fees not to exceed two hundred dollars ($200) per license; (ii) A fee not to exceed one hundred dollars ($100) per tow vehicle safety permit; and (iii) A fee for a certificate of registration for consent towing not to exceed twenty-five dollars ($25.00). (B) A person licensed by the board to perform towing services is authorized to perform vehicle immobilization services without obtaining a separate vehicle immobilization service license.

(A) The board may charge: (i) Towing business license, repossession towing license, and vehicle immobilization service license fees not to exceed two hundred dollars ($200) per license; (ii) A fee not to exceed one hundred dollars ($100) per tow vehicle safety permit; and (iii) A fee for a certificate of registration for consent towing not to exceed twenty-five dollars ($25.00).

(i) Towing business license, repossession towing license, and vehicle immobilization service license fees not to exceed two hundred dollars ($200) per license;

(ii) A fee not to exceed one hundred dollars ($100) per tow vehicle safety permit; and

(iii) A fee for a certificate of registration for consent towing not to exceed twenty-five dollars ($25.00).

(B) A person licensed by the board to perform towing services is authorized to perform vehicle immobilization services without obtaining a separate vehicle immobilization service license.

(2) The board shall also have the authority to impose late filing fees in addition to the original filing fees in an amount not to exceed the original amount of the license fee or safety permit fee.

(g) (1) The board shall have the authority to employ and discharge any personnel as may be necessary to administer and enforce the provisions of this subchapter and the rules promulgated hereunder. (2) The board shall employ investigators to investigate consumer complaints related to overcharging for nonconsent towing, recovery, storage fees, fees associated with the use of wheel clamps, violations of § 27-50-1101 , this subchapter, and violations of the rules promulgated by the board under this subchapter.

(1) The board shall have the authority to employ and discharge any personnel as may be necessary to administer and enforce the provisions of this subchapter and the rules promulgated hereunder.

(2) The board shall employ investigators to investigate consumer complaints related to overcharging for nonconsent towing, recovery, storage fees, fees associated with the use of wheel clamps, violations of § 27-50-1101 , this subchapter, and violations of the rules promulgated by the board under this subchapter.

(h) The board shall have the authority to obtain office space, furniture, stationery, and other proper supplies and conveniences reasonably necessary to carry out the provisions of this subchapter.

(i) Each member of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(j) The board shall have the authority to establish a maximum amount to be charged by a towing business for each notification to an owner and a lienholder as required by this subchapter.

(k) The board shall issue a towing business license or issue a tow vehicle safety permit for a tow vehicle licensed in another state to tow any vehicle in this state only when the tow vehicle owner establishes to the board's satisfaction that the operation of the tow vehicle in this state is in compliance with § 27-35-112 .

Amended by Act 2021, No. 789,§ 10, eff. 7/28/2021.

Amended by Act 2021, No. 789,§ 9, eff. 7/28/2021.

Amended by Act 2021, No. 789,§ 8, eff. 7/28/2021.

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

Amended by Act 2021, No. 794,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 789,§ 6, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 3152, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 3151, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 3150, eff. 7/24/2019.

Amended by Act 2017, No. 953,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 953,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 953,§ 3, eff. 8/1/2017.

Amended by Act 2015, No. 1197,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1195,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1117,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1421,§ 5, eff. 8/16/2013.

Amended by Act 2013, No. 1421,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 1366,§ 4, eff. 7/1/2013.

Amended by Act 2013, No. 1002,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1002,§ 1, eff. 8/16/2013.

Acts 1989, No. 899, § 9; 1993, No. 1000, § 3; 1997, No. 250, § 246; 1997, No. 392, § 2; 1999, No. 1279, § 2; 2005, No. 1878, § 2; 2007, No. 861, §§ 2-4; 2007, No. 1053, § 2; 2011, No. 780, § 8.