Ark. Code Ann. § 27-3-103 — AR Code / Title 27 / Chapter 3 / Section 27-3-103
Arkansas Public Transportation Coordination Council established
Status: in_force

(a) There is hereby established the Arkansas Public Transportation Coordination Council, which shall consist of twelve (12) members. (b) The members shall be as follows: (1) (A) There shall be three (3) members of the Arkansas Public Transportation Coordination Council appointed by the Governor to serve for terms of four (4) years: (i) One (1) member shall be appointed to represent the transit operators and shall be directly involved with the management of a public transit system; (ii) One (1) member shall be appointed to represent the consumers of public transportation services; and (iii) One (1) member shall be appointed as a member at large. (B) In the event of a vacancy on the Arkansas Public Transportation Coordination Council of one (1) of the gubernatorial positions due to death, resignation, or other reason, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor of a person meeting the same qualifications as are required for the initial appointment; (2) The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each appoint one (1) person to serve at their pleasure who is not a member of the General Assembly; (3) The remaining seven (7) members of the Arkansas Public Transportation Coordination Council shall be: (A) The Secretary of the Department of Human Services or his or her designee; (B) The Director of State Highways and Transportation or his or her designee; (C) The Secretary of the Department of Health or his or her designee; (D) The Chair of the Arkansas Economic Development Council or his or her designee; (E) The Director of the Arkansas Economic Development Commission or his or her designee; (F) The Director of the University of Arkansas Cooperative Extension Service or his or her designee; and (G) The Chair of the Arkansas Workforce Development Board or his or her successor or designee. (c) The Arkansas Public Transportation Coordination Council shall elect by majority vote one (1) of its members to serve as chair and one (1) of its members to serve as vice chair for such terms as are determined by the Arkansas Public Transportation Coordination Council. (d) The Arkansas Public Transportation Coordination Council shall have the power to prescribe and issue, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such reasonable rules as may be necessary to carry out the provisions of this chapter. (e) The Arkansas Public Transportation Coordination Council shall meet at the call of the Chair of the Arkansas Public Transportation Coordination Council. (f) Seven (7) members of the Arkansas Public Transportation Coordination Council constitute a quorum, and a majority vote of the members present is necessary for any action taken by the Arkansas Public Transportation Coordination Council. (g) The members of the Arkansas Public Transportation Coordination Council shall serve without compensation provided that in the event that funds shall be available for such purposes, the members may receive expense reimbursement as provided in § 25-16-901 et seq. Amended by Act 2019, No. 315,§ 3085, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5119, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 136, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 136, eff. 7/1/2015. Acts 1993, No. 353, § 3; 1997, No. 250, § 245; 1997, No. 540, § 61; 1997, No. 1354, § 45; 1999, No. 935, § 8; 1999, No. 991, § 1; 2001, No. 1288, § 26.

(a) There is hereby established the Arkansas Public Transportation Coordination Council, which shall consist of twelve (12) members.

(b) The members shall be as follows: (1) (A) There shall be three (3) members of the Arkansas Public Transportation Coordination Council appointed by the Governor to serve for terms of four (4) years: (i) One (1) member shall be appointed to represent the transit operators and shall be directly involved with the management of a public transit system; (ii) One (1) member shall be appointed to represent the consumers of public transportation services; and (iii) One (1) member shall be appointed as a member at large. (B) In the event of a vacancy on the Arkansas Public Transportation Coordination Council of one (1) of the gubernatorial positions due to death, resignation, or other reason, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor of a person meeting the same qualifications as are required for the initial appointment; (2) The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each appoint one (1) person to serve at their pleasure who is not a member of the General Assembly; (3) The remaining seven (7) members of the Arkansas Public Transportation Coordination Council shall be: (A) The Secretary of the Department of Human Services or his or her designee; (B) The Director of State Highways and Transportation or his or her designee; (C) The Secretary of the Department of Health or his or her designee; (D) The Chair of the Arkansas Economic Development Council or his or her designee; (E) The Director of the Arkansas Economic Development Commission or his or her designee; (F) The Director of the University of Arkansas Cooperative Extension Service or his or her designee; and (G) The Chair of the Arkansas Workforce Development Board or his or her successor or designee.

(1) (A) There shall be three (3) members of the Arkansas Public Transportation Coordination Council appointed by the Governor to serve for terms of four (4) years: (i) One (1) member shall be appointed to represent the transit operators and shall be directly involved with the management of a public transit system; (ii) One (1) member shall be appointed to represent the consumers of public transportation services; and (iii) One (1) member shall be appointed as a member at large. (B) In the event of a vacancy on the Arkansas Public Transportation Coordination Council of one (1) of the gubernatorial positions due to death, resignation, or other reason, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor of a person meeting the same qualifications as are required for the initial appointment;

(A) There shall be three (3) members of the Arkansas Public Transportation Coordination Council appointed by the Governor to serve for terms of four (4) years: (i) One (1) member shall be appointed to represent the transit operators and shall be directly involved with the management of a public transit system; (ii) One (1) member shall be appointed to represent the consumers of public transportation services; and (iii) One (1) member shall be appointed as a member at large.

(i) One (1) member shall be appointed to represent the transit operators and shall be directly involved with the management of a public transit system;

(ii) One (1) member shall be appointed to represent the consumers of public transportation services; and

(iii) One (1) member shall be appointed as a member at large.

(B) In the event of a vacancy on the Arkansas Public Transportation Coordination Council of one (1) of the gubernatorial positions due to death, resignation, or other reason, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor of a person meeting the same qualifications as are required for the initial appointment;

(2) The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each appoint one (1) person to serve at their pleasure who is not a member of the General Assembly;

(3) The remaining seven (7) members of the Arkansas Public Transportation Coordination Council shall be: (A) The Secretary of the Department of Human Services or his or her designee; (B) The Director of State Highways and Transportation or his or her designee; (C) The Secretary of the Department of Health or his or her designee; (D) The Chair of the Arkansas Economic Development Council or his or her designee; (E) The Director of the Arkansas Economic Development Commission or his or her designee; (F) The Director of the University of Arkansas Cooperative Extension Service or his or her designee; and (G) The Chair of the Arkansas Workforce Development Board or his or her successor or designee.

(A) The Secretary of the Department of Human Services or his or her designee;

(B) The Director of State Highways and Transportation or his or her designee;

(C) The Secretary of the Department of Health or his or her designee;

(D) The Chair of the Arkansas Economic Development Council or his or her designee;

(E) The Director of the Arkansas Economic Development Commission or his or her designee;

(F) The Director of the University of Arkansas Cooperative Extension Service or his or her designee; and

(G) The Chair of the Arkansas Workforce Development Board or his or her successor or designee.

(c) The Arkansas Public Transportation Coordination Council shall elect by majority vote one (1) of its members to serve as chair and one (1) of its members to serve as vice chair for such terms as are determined by the Arkansas Public Transportation Coordination Council.

(d) The Arkansas Public Transportation Coordination Council shall have the power to prescribe and issue, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such reasonable rules as may be necessary to carry out the provisions of this chapter.

(e) The Arkansas Public Transportation Coordination Council shall meet at the call of the Chair of the Arkansas Public Transportation Coordination Council.

(f) Seven (7) members of the Arkansas Public Transportation Coordination Council constitute a quorum, and a majority vote of the members present is necessary for any action taken by the Arkansas Public Transportation Coordination Council.

(g) The members of the Arkansas Public Transportation Coordination Council shall serve without compensation provided that in the event that funds shall be available for such purposes, the members may receive expense reimbursement as provided in § 25-16-901 et seq.

Amended by Act 2019, No. 315,§ 3085, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5119, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 136, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 136, eff. 7/1/2015.

Acts 1993, No. 353, § 3; 1997, No. 250, § 245; 1997, No. 540, § 61; 1997, No. 1354, § 45; 1999, No. 935, § 8; 1999, No. 991, § 1; 2001, No. 1288, § 26.
Ark. Code Ann. § 27-14-1501 — AR Code / Title 27 / Chapter 14 / Subchapter 15 / Section 27-14-1501
Liability insurance prerequisite to licensing
Status: in_force

(a) (1) A license shall not be issued for any taxicab, automobile, or similar vehicle used for hire, nor shall these vehicles be operated or used in and upon the streets, roads, and highways of the State of Arkansas, within or without the corporate limits of any city or village, for the purpose of carrying passengers for hire unless there has been filed with the Secretary of the Department of Finance and Administration a liability contract of insurance or certificates of insurance issued to the owner of the vehicle. (2) The liability contract of insurance or certificate of insurance described in subdivision (a)(1) of this section shall be: (A) Substantially in the form of the standard automobile liability insurance policy in customary use; (B) Approved by the secretary; and (C) Issued by an insurance company licensed to do business in the State of Arkansas. (b) The policy under subsection (a) of this section shall secure payment according to the provisions of subsection (a) of this section to any person except employees or joint venturers of an owner for personal injuries to that person and for any damage to property except property owned by, rented to, leased to, in charge of, or transported by the owner, other than baggage of passengers, caused by the operation of a taxicab, automobile, or similar vehicle used for hire for at least the minimum amounts prescribed for liability insurance under the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq. (c) (1) In lieu of the policy of insurance, the owner may file a bond by some solvent surety company licensed to do business in this state. (2) (A) The bond shall be in the form approved by the secretary and shall be conditioned for the payment of property damage and personal injuries and shall be in an amount no less than two hundred fifty thousand dollars ($250,000) for all claims for the operator's fleet, and uninsured motorist coverage shall not be required of the operators. (B) If the bond becomes insufficient because of claims or any other reason, the operator shall have seven (7) days to restore it to the full amount or lose its bonded status. (d) (1) A policy of insurance shall not be cancelled by the licensee or by the insurance carrier unless written notice of the cancellation has been mailed to the secretary. (2) The written notice shall state the exact time and date of cancellation no less than seven (7) days from the date of mailing. (3) The mailing of notice shall be sufficient proof of notice, and the effective date of cancellation stated in the notice shall become the end of the policy period. (e) An individual or corporation engaged in the operation of a taxicab, automobile, or similar vehicle used for hire as a common carrier of passengers for hire that violates this section or that procures, aids, or abets an individual or corporation in violating this section shall, upon conviction, be guilty of a Class B misdemeanor. (f) (1) Notwithstanding any other provision of state law, a municipality in a county with a population in excess of two hundred thousand (200,000) that requires a franchise for taxicabs to operate within the corporate limits of the municipality may impose any insurance requirements desired by the municipality that shall be applicable to a taxicab that operates within the municipality. (2) (A) If a municipality imposes additional insurance requirements on its taxicabs as described under subdivision (f)(1) of this section, it shall be unlawful for a taxicab operator to operate a taxicab within the corporate limits of that municipality without meeting the additional insurance requirements. (B) A person found guilty or who pleads guilty or nolo contendere to a charge of violating this subdivision (f)(2) shall be subject to a: (i) Fine of not less than five hundred dollars ($500) and not to exceed one thousand dollars ($1,000); and (ii) Sentence that shall not exceed ninety (90) days for a Class B misdemeanor. (3) In addition to penalties that may be assessed against the taxicab operator, if the taxicab owner is a different person or entity, the owner shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (4) A municipality may, by ordinance, declare that an uninsured taxicab shall be subject to seizure and that a seized taxicab shall not be released until insurance is in place. (g) This subchapter does not apply to an entity providing services under the Transportation Network Company Services Act, § 23-13-701 et seq. Amended by Act 2023, No. 804,§ 1, eff. 1/1/2024. Amended by Act 2019, No. 910,§ 4595, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4594, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4593, eff. 7/1/2019. Acts 1949, No. 485, §§ 1-3; 1961, No. 473, § 1; 1985, No. 969, § 1; A.S.A. 1947, §§ 75-203 -- 75-205; Acts 1989, No. 689, § 1; 1997, No. 1223, § 1; 2003, No. 1152, §§ 1, 2.

(a) (1) A license shall not be issued for any taxicab, automobile, or similar vehicle used for hire, nor shall these vehicles be operated or used in and upon the streets, roads, and highways of the State of Arkansas, within or without the corporate limits of any city or village, for the purpose of carrying passengers for hire unless there has been filed with the Secretary of the Department of Finance and Administration a liability contract of insurance or certificates of insurance issued to the owner of the vehicle. (2) The liability contract of insurance or certificate of insurance described in subdivision (a)(1) of this section shall be: (A) Substantially in the form of the standard automobile liability insurance policy in customary use; (B) Approved by the secretary; and (C) Issued by an insurance company licensed to do business in the State of Arkansas.

(1) A license shall not be issued for any taxicab, automobile, or similar vehicle used for hire, nor shall these vehicles be operated or used in and upon the streets, roads, and highways of the State of Arkansas, within or without the corporate limits of any city or village, for the purpose of carrying passengers for hire unless there has been filed with the Secretary of the Department of Finance and Administration a liability contract of insurance or certificates of insurance issued to the owner of the vehicle.

(2) The liability contract of insurance or certificate of insurance described in subdivision (a)(1) of this section shall be: (A) Substantially in the form of the standard automobile liability insurance policy in customary use; (B) Approved by the secretary; and (C) Issued by an insurance company licensed to do business in the State of Arkansas.

(A) Substantially in the form of the standard automobile liability insurance policy in customary use;

(B) Approved by the secretary; and

(C) Issued by an insurance company licensed to do business in the State of Arkansas.

(b) The policy under subsection (a) of this section shall secure payment according to the provisions of subsection (a) of this section to any person except employees or joint venturers of an owner for personal injuries to that person and for any damage to property except property owned by, rented to, leased to, in charge of, or transported by the owner, other than baggage of passengers, caused by the operation of a taxicab, automobile, or similar vehicle used for hire for at least the minimum amounts prescribed for liability insurance under the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.

(c) (1) In lieu of the policy of insurance, the owner may file a bond by some solvent surety company licensed to do business in this state. (2) (A) The bond shall be in the form approved by the secretary and shall be conditioned for the payment of property damage and personal injuries and shall be in an amount no less than two hundred fifty thousand dollars ($250,000) for all claims for the operator's fleet, and uninsured motorist coverage shall not be required of the operators. (B) If the bond becomes insufficient because of claims or any other reason, the operator shall have seven (7) days to restore it to the full amount or lose its bonded status.

(1) In lieu of the policy of insurance, the owner may file a bond by some solvent surety company licensed to do business in this state.

(2) (A) The bond shall be in the form approved by the secretary and shall be conditioned for the payment of property damage and personal injuries and shall be in an amount no less than two hundred fifty thousand dollars ($250,000) for all claims for the operator's fleet, and uninsured motorist coverage shall not be required of the operators. (B) If the bond becomes insufficient because of claims or any other reason, the operator shall have seven (7) days to restore it to the full amount or lose its bonded status.

(A) The bond shall be in the form approved by the secretary and shall be conditioned for the payment of property damage and personal injuries and shall be in an amount no less than two hundred fifty thousand dollars ($250,000) for all claims for the operator's fleet, and uninsured motorist coverage shall not be required of the operators.

(B) If the bond becomes insufficient because of claims or any other reason, the operator shall have seven (7) days to restore it to the full amount or lose its bonded status.

(d) (1) A policy of insurance shall not be cancelled by the licensee or by the insurance carrier unless written notice of the cancellation has been mailed to the secretary. (2) The written notice shall state the exact time and date of cancellation no less than seven (7) days from the date of mailing. (3) The mailing of notice shall be sufficient proof of notice, and the effective date of cancellation stated in the notice shall become the end of the policy period.

(1) A policy of insurance shall not be cancelled by the licensee or by the insurance carrier unless written notice of the cancellation has been mailed to the secretary.

(2) The written notice shall state the exact time and date of cancellation no less than seven (7) days from the date of mailing.

(3) The mailing of notice shall be sufficient proof of notice, and the effective date of cancellation stated in the notice shall become the end of the policy period.

(e) An individual or corporation engaged in the operation of a taxicab, automobile, or similar vehicle used for hire as a common carrier of passengers for hire that violates this section or that procures, aids, or abets an individual or corporation in violating this section shall, upon conviction, be guilty of a Class B misdemeanor.

(f) (1) Notwithstanding any other provision of state law, a municipality in a county with a population in excess of two hundred thousand (200,000) that requires a franchise for taxicabs to operate within the corporate limits of the municipality may impose any insurance requirements desired by the municipality that shall be applicable to a taxicab that operates within the municipality. (2) (A) If a municipality imposes additional insurance requirements on its taxicabs as described under subdivision (f)(1) of this section, it shall be unlawful for a taxicab operator to operate a taxicab within the corporate limits of that municipality without meeting the additional insurance requirements. (B) A person found guilty or who pleads guilty or nolo contendere to a charge of violating this subdivision (f)(2) shall be subject to a: (i) Fine of not less than five hundred dollars ($500) and not to exceed one thousand dollars ($1,000); and (ii) Sentence that shall not exceed ninety (90) days for a Class B misdemeanor. (3) In addition to penalties that may be assessed against the taxicab operator, if the taxicab owner is a different person or entity, the owner shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (4) A municipality may, by ordinance, declare that an uninsured taxicab shall be subject to seizure and that a seized taxicab shall not be released until insurance is in place.

(1) Notwithstanding any other provision of state law, a municipality in a county with a population in excess of two hundred thousand (200,000) that requires a franchise for taxicabs to operate within the corporate limits of the municipality may impose any insurance requirements desired by the municipality that shall be applicable to a taxicab that operates within the municipality.

(2) (A) If a municipality imposes additional insurance requirements on its taxicabs as described under subdivision (f)(1) of this section, it shall be unlawful for a taxicab operator to operate a taxicab within the corporate limits of that municipality without meeting the additional insurance requirements. (B) A person found guilty or who pleads guilty or nolo contendere to a charge of violating this subdivision (f)(2) shall be subject to a: (i) Fine of not less than five hundred dollars ($500) and not to exceed one thousand dollars ($1,000); and (ii) Sentence that shall not exceed ninety (90) days for a Class B misdemeanor.

(A) If a municipality imposes additional insurance requirements on its taxicabs as described under subdivision (f)(1) of this section, it shall be unlawful for a taxicab operator to operate a taxicab within the corporate limits of that municipality without meeting the additional insurance requirements.

(B) A person found guilty or who pleads guilty or nolo contendere to a charge of violating this subdivision (f)(2) shall be subject to a: (i) Fine of not less than five hundred dollars ($500) and not to exceed one thousand dollars ($1,000); and (ii) Sentence that shall not exceed ninety (90) days for a Class B misdemeanor.

(i) Fine of not less than five hundred dollars ($500) and not to exceed one thousand dollars ($1,000); and

(ii) Sentence that shall not exceed ninety (90) days for a Class B misdemeanor.

(3) In addition to penalties that may be assessed against the taxicab operator, if the taxicab owner is a different person or entity, the owner shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(4) A municipality may, by ordinance, declare that an uninsured taxicab shall be subject to seizure and that a seized taxicab shall not be released until insurance is in place.

(g) This subchapter does not apply to an entity providing services under the Transportation Network Company Services Act, § 23-13-701 et seq.

Amended by Act 2023, No. 804,§ 1, eff. 1/1/2024.

Amended by Act 2019, No. 910,§ 4595, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4594, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4593, eff. 7/1/2019.

Acts 1949, No. 485, §§ 1-3; 1961, No. 473, § 1; 1985, No. 969, § 1; A.S.A. 1947, §§ 75-203 -- 75-205; Acts 1989, No. 689, § 1; 1997, No. 1223, § 1; 2003, No. 1152, §§ 1, 2.
Ark. Code Ann. § 27-14-2303 — AR Code / Title 27 / Chapter 14 / Subchapter 23 / Section 27-14-2303
Disclosure requirements
Status: in_force

(a) (1) When any dealer in this state offers for sale a motor vehicle which carries a title branded pursuant to this subchapter, the dealer shall disclose to any prospective buyer or purchaser prior to sale the nature of the title brand and shall furnish him or her a description of the damage sustained by the motor vehicle on file with the Office of Motor Vehicle. (2) The disclosure shall be on a buyer's notification form to be prescribed by the Consumer Protection Division of the Office of the Attorney General. (3) (A) The form shall be fully filled out and affixed to a side window of the motor vehicle with the title "BUYER'S NOTIFICATION" facing to the outside. (B) The form may be removed temporarily from the window during any test drive, but it shall be replaced as soon as the test drive is over. (b) (1) When any motor vehicle owner who is not a dealer knowingly offers for sale or trade a motor vehicle which carries a title branded pursuant to this subchapter, the owner shall disclose to any prospective buyer or purchaser prior to the sale or trade the nature of the title brand and shall furnish him or her a description of the damage sustained by the motor vehicle as on file with the Office of Motor Vehicle. (2) The disclosure shall be on a buyer's notification form to be prescribed by the division. (c) (1) The form to be prescribed by the division shall have an acknowledgment section that the seller shall require the buyer to sign prior to completing a sales transaction on a motor vehicle that carries a branded title. (2) The seller shall retain a copy of the signed notification form. (d) (1) Failure of the seller to procure the buyer's acknowledgment signature shall render the sale voidable at the election of the buyer. (2) The election to render the sale voidable shall be limited to sixty (60) days after the sales transaction. (3) The buyer's right to render voidable the purchase is in addition to any other right or remedy which may be available to the buyer. In the event that the seller makes full refund of the purchase price to the buyer within ten (10) days after receipt of the buyer's election to void the sales transaction, the seller shall be subject to no further liability in connection with the sales transaction. Acts 1993, No. 614, § 3; 1995, No. 620, § 1; 1999, No. 1303, § 1; 1999, No. 1572, § 1.

(a) (1) When any dealer in this state offers for sale a motor vehicle which carries a title branded pursuant to this subchapter, the dealer shall disclose to any prospective buyer or purchaser prior to sale the nature of the title brand and shall furnish him or her a description of the damage sustained by the motor vehicle on file with the Office of Motor Vehicle. (2) The disclosure shall be on a buyer's notification form to be prescribed by the Consumer Protection Division of the Office of the Attorney General. (3) (A) The form shall be fully filled out and affixed to a side window of the motor vehicle with the title "BUYER'S NOTIFICATION" facing to the outside. (B) The form may be removed temporarily from the window during any test drive, but it shall be replaced as soon as the test drive is over.

(1) When any dealer in this state offers for sale a motor vehicle which carries a title branded pursuant to this subchapter, the dealer shall disclose to any prospective buyer or purchaser prior to sale the nature of the title brand and shall furnish him or her a description of the damage sustained by the motor vehicle on file with the Office of Motor Vehicle.

(2) The disclosure shall be on a buyer's notification form to be prescribed by the Consumer Protection Division of the Office of the Attorney General.

(3) (A) The form shall be fully filled out and affixed to a side window of the motor vehicle with the title "BUYER'S NOTIFICATION" facing to the outside. (B) The form may be removed temporarily from the window during any test drive, but it shall be replaced as soon as the test drive is over.

(A) The form shall be fully filled out and affixed to a side window of the motor vehicle with the title "BUYER'S NOTIFICATION" facing to the outside.

(B) The form may be removed temporarily from the window during any test drive, but it shall be replaced as soon as the test drive is over.

(b) (1) When any motor vehicle owner who is not a dealer knowingly offers for sale or trade a motor vehicle which carries a title branded pursuant to this subchapter, the owner shall disclose to any prospective buyer or purchaser prior to the sale or trade the nature of the title brand and shall furnish him or her a description of the damage sustained by the motor vehicle as on file with the Office of Motor Vehicle. (2) The disclosure shall be on a buyer's notification form to be prescribed by the division.

(1) When any motor vehicle owner who is not a dealer knowingly offers for sale or trade a motor vehicle which carries a title branded pursuant to this subchapter, the owner shall disclose to any prospective buyer or purchaser prior to the sale or trade the nature of the title brand and shall furnish him or her a description of the damage sustained by the motor vehicle as on file with the Office of Motor Vehicle.

(2) The disclosure shall be on a buyer's notification form to be prescribed by the division.

(c) (1) The form to be prescribed by the division shall have an acknowledgment section that the seller shall require the buyer to sign prior to completing a sales transaction on a motor vehicle that carries a branded title. (2) The seller shall retain a copy of the signed notification form.

(1) The form to be prescribed by the division shall have an acknowledgment section that the seller shall require the buyer to sign prior to completing a sales transaction on a motor vehicle that carries a branded title.

(2) The seller shall retain a copy of the signed notification form.

(d) (1) Failure of the seller to procure the buyer's acknowledgment signature shall render the sale voidable at the election of the buyer. (2) The election to render the sale voidable shall be limited to sixty (60) days after the sales transaction. (3) The buyer's right to render voidable the purchase is in addition to any other right or remedy which may be available to the buyer. In the event that the seller makes full refund of the purchase price to the buyer within ten (10) days after receipt of the buyer's election to void the sales transaction, the seller shall be subject to no further liability in connection with the sales transaction.

(1) Failure of the seller to procure the buyer's acknowledgment signature shall render the sale voidable at the election of the buyer.

(2) The election to render the sale voidable shall be limited to sixty (60) days after the sales transaction.

(3) The buyer's right to render voidable the purchase is in addition to any other right or remedy which may be available to the buyer. In the event that the seller makes full refund of the purchase price to the buyer within ten (10) days after receipt of the buyer's election to void the sales transaction, the seller shall be subject to no further liability in connection with the sales transaction.

Acts 1993, No. 614, § 3; 1995, No. 620, § 1; 1999, No. 1303, § 1; 1999, No. 1572, § 1.
Ark. Code Ann. § 27-15-308 — AR Code / Title 27 / Chapter 15 / Subchapter 3 / Section 27-15-308
Special license plates and certificates
Status: in_force

(a) (1) An owner of a motor vehicle described in § 27-15-303 may apply to the Office of Motor Vehicle for issuance of one (1) special license plate, to be affixed to his or her vehicle, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is disabled under the definition of a person with a disability, as defined in § 27-15-302 . (2) (A) Except as provided under subsections (d) and (e) of this section, for every application for a special license plate issued under this section, the Department of Finance and Administration shall produce a photo identification card containing a color photograph of the person with a disability who is either: (i) Applying for the special license plate; or (ii) Being transported by the vehicle for which the special license plate is issued. (B) The photo identification card issued under this subsection shall be carried on the person for verification of identity. (C) This subdivision (a)(2) applies to holders of or applicants for special license plates issued under this section who do not have a valid driver's license or identification card issued under the laws of this state. (3) (A) An owner of a motor vehicle that is issued a special license plate under this section shall submit every four (4) years to the Office of Motor Vehicle a physician recertification of the person with a disability to be transported by the vehicle to continue to qualify for the special license plate, unless the person with a disability has a permanent disability. (B) The photo identification card required in this subsection must be renewed every four (4) years. (4) (A) An organization that owns or leases a motor vehicle described in § 27-15-303 that is used in the business of transporting persons with disabilities may apply to the Office of Motor Vehicle for issuance of one (1) special license plate to be affixed to the vehicle for each vehicle used in the business. (B) The requirements of a photo identification card and physician recertification in this subsection shall not apply to an applicant in the business of transporting persons with disabilities as described in this subsection. (b) (1) The special license plate issued by the Office of Motor Vehicle shall contain the international symbol of access and shall not display the word "disabled". (2) The special license plate shall be issued at no additional charge. (c) (1) A person with a disability may apply to the Office of Motor Vehicle for a special person-with-a-disability certificate, subject to the photo identification card requirements of subsection (a) of this section. (2) The special certificate shall conform in size, color, and construction as may be specified by federal rules issued by the United States Secretary of Transportation, pursuant to Pub. L. No. 100-641. (3) When the special certificate is displayed on the inside rearview mirror, or the dashboard if the vehicle is of a type that does not have an inside rearview mirror, of a vehicle described in § 27-15-303 that is transporting the person to whom the special certificate was issued, the owner or operator of the motor vehicle shall be entitled to the same parking privileges as the owner or operator of a motor vehicle bearing a special license plate provided under subsection (a) of this section. (4) The special certificate shall be issued free of charge and shall expire four (4) years from the last day of the month in which it is issued. (5) (A) If a person to whom a special certificate or license plate has been issued moves to another state, the person shall surrender the special certificate or plate to the Office of Motor Vehicle. (B) If a person to whom a special certificate or license plate has been issued dies, the special certificate or license plate shall be returned to the Office of Motor Vehicle within thirty (30) days after the death of the person to whom the special certificate or plate was issued. (6) (A) The photo identification card issued under this section shall be issued upon payment of a transaction fee of five dollars ($5.00) and shall expire four (4) years from the last day of the month in which it is issued. (B) The transaction fee shall be deposited as special revenue into the State Central Services Fund to be used exclusively for the benefit of the Revenue Division of the Department of Finance and Administration. (C) The transaction fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division. (D) The transaction fee shall not be considered or credited to the division as direct revenue. (d) (1) In lieu of the photo identification card issued under this section, a person who holds a valid driver's license or identification card issued under the laws of this state may choose to have an endorsement on his or her driver's license or identification card that authorizes parking in areas designated as parking for a person with a disability. (2) If a driver's license endorsement or identification card endorsement is chosen under this section, then the issuance and expiration of the driver's license shall correspond with the expiration date of the special person-with-a-disability certificate issued under this section. (3) (A) The Office of Motor Vehicle shall not charge an additional fee for adding the endorsement on a currently issued driver's license or identification card. (B) Any person who applies for and does not currently have a driver's license or identification card and requests the endorsement shall pay only the fee required under current law for the issuance of a driver's license or identification card and shall not pay an additional fee for the endorsement. (e) (1) A person who is a resident of a facility that provides long-term medical care or personal care is not required to obtain a photo identification card that displays a photograph of the person with a disability but instead shall carry on the person documentation from the administrator of the facility attesting that the person is a resident of the facility. (2) This subsection applies to the following facilities, including without limitation: (A) A licensed nursing home; (B) A licensed residential care facility; or (C) A licensed assisted living facility. (f) (1) An owner of a motor vehicle described in § 27-15-303 may apply to the Office of Motor Vehicle for issuance of one (1) or more van-accessible parking decals to be affixed to each special license plate or special certificate, or temporary special certificate issued to the owner, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is a person with a disability that qualifies for van accessible parking privileges as defined in § 27-15-312(a)(2)(A) . (2) An applicant whose vehicle displays both a special license plate and special certificate is required to have a van-accessible parking decal affixed to the special license plate and special certificate. Amended by Act 2019, No. 236,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 799,§ 6, eff. 11/13/2017. Acts 1985, No. 907, §§ 3, 4; A.S.A. 1947, §§ 75-296.5, 75-296.6; Acts 1991, No. 656, § 6; 2001, No. 609, §§ 3, 4; 2005, No. 2202, § 2; 2007, No. 753, § 2. See Act 2019, No. 236, § 3.

(a) (1) An owner of a motor vehicle described in § 27-15-303 may apply to the Office of Motor Vehicle for issuance of one (1) special license plate, to be affixed to his or her vehicle, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is disabled under the definition of a person with a disability, as defined in § 27-15-302 . (2) (A) Except as provided under subsections (d) and (e) of this section, for every application for a special license plate issued under this section, the Department of Finance and Administration shall produce a photo identification card containing a color photograph of the person with a disability who is either: (i) Applying for the special license plate; or (ii) Being transported by the vehicle for which the special license plate is issued. (B) The photo identification card issued under this subsection shall be carried on the person for verification of identity. (C) This subdivision (a)(2) applies to holders of or applicants for special license plates issued under this section who do not have a valid driver's license or identification card issued under the laws of this state. (3) (A) An owner of a motor vehicle that is issued a special license plate under this section shall submit every four (4) years to the Office of Motor Vehicle a physician recertification of the person with a disability to be transported by the vehicle to continue to qualify for the special license plate, unless the person with a disability has a permanent disability. (B) The photo identification card required in this subsection must be renewed every four (4) years. (4) (A) An organization that owns or leases a motor vehicle described in § 27-15-303 that is used in the business of transporting persons with disabilities may apply to the Office of Motor Vehicle for issuance of one (1) special license plate to be affixed to the vehicle for each vehicle used in the business. (B) The requirements of a photo identification card and physician recertification in this subsection shall not apply to an applicant in the business of transporting persons with disabilities as described in this subsection.

(1) An owner of a motor vehicle described in § 27-15-303 may apply to the Office of Motor Vehicle for issuance of one (1) special license plate, to be affixed to his or her vehicle, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is disabled under the definition of a person with a disability, as defined in § 27-15-302 .

(2) (A) Except as provided under subsections (d) and (e) of this section, for every application for a special license plate issued under this section, the Department of Finance and Administration shall produce a photo identification card containing a color photograph of the person with a disability who is either: (i) Applying for the special license plate; or (ii) Being transported by the vehicle for which the special license plate is issued. (B) The photo identification card issued under this subsection shall be carried on the person for verification of identity. (C) This subdivision (a)(2) applies to holders of or applicants for special license plates issued under this section who do not have a valid driver's license or identification card issued under the laws of this state.

(A) Except as provided under subsections (d) and (e) of this section, for every application for a special license plate issued under this section, the Department of Finance and Administration shall produce a photo identification card containing a color photograph of the person with a disability who is either: (i) Applying for the special license plate; or (ii) Being transported by the vehicle for which the special license plate is issued.

(i) Applying for the special license plate; or

(ii) Being transported by the vehicle for which the special license plate is issued.

(B) The photo identification card issued under this subsection shall be carried on the person for verification of identity.

(C) This subdivision (a)(2) applies to holders of or applicants for special license plates issued under this section who do not have a valid driver's license or identification card issued under the laws of this state.

(3) (A) An owner of a motor vehicle that is issued a special license plate under this section shall submit every four (4) years to the Office of Motor Vehicle a physician recertification of the person with a disability to be transported by the vehicle to continue to qualify for the special license plate, unless the person with a disability has a permanent disability. (B) The photo identification card required in this subsection must be renewed every four (4) years.

(A) An owner of a motor vehicle that is issued a special license plate under this section shall submit every four (4) years to the Office of Motor Vehicle a physician recertification of the person with a disability to be transported by the vehicle to continue to qualify for the special license plate, unless the person with a disability has a permanent disability.

(B) The photo identification card required in this subsection must be renewed every four (4) years.

(4) (A) An organization that owns or leases a motor vehicle described in § 27-15-303 that is used in the business of transporting persons with disabilities may apply to the Office of Motor Vehicle for issuance of one (1) special license plate to be affixed to the vehicle for each vehicle used in the business. (B) The requirements of a photo identification card and physician recertification in this subsection shall not apply to an applicant in the business of transporting persons with disabilities as described in this subsection.

(A) An organization that owns or leases a motor vehicle described in § 27-15-303 that is used in the business of transporting persons with disabilities may apply to the Office of Motor Vehicle for issuance of one (1) special license plate to be affixed to the vehicle for each vehicle used in the business.

(B) The requirements of a photo identification card and physician recertification in this subsection shall not apply to an applicant in the business of transporting persons with disabilities as described in this subsection.

(b) (1) The special license plate issued by the Office of Motor Vehicle shall contain the international symbol of access and shall not display the word "disabled". (2) The special license plate shall be issued at no additional charge.

(1) The special license plate issued by the Office of Motor Vehicle shall contain the international symbol of access and shall not display the word "disabled".

(2) The special license plate shall be issued at no additional charge.

(c) (1) A person with a disability may apply to the Office of Motor Vehicle for a special person-with-a-disability certificate, subject to the photo identification card requirements of subsection (a) of this section. (2) The special certificate shall conform in size, color, and construction as may be specified by federal rules issued by the United States Secretary of Transportation, pursuant to Pub. L. No. 100-641. (3) When the special certificate is displayed on the inside rearview mirror, or the dashboard if the vehicle is of a type that does not have an inside rearview mirror, of a vehicle described in § 27-15-303 that is transporting the person to whom the special certificate was issued, the owner or operator of the motor vehicle shall be entitled to the same parking privileges as the owner or operator of a motor vehicle bearing a special license plate provided under subsection (a) of this section. (4) The special certificate shall be issued free of charge and shall expire four (4) years from the last day of the month in which it is issued. (5) (A) If a person to whom a special certificate or license plate has been issued moves to another state, the person shall surrender the special certificate or plate to the Office of Motor Vehicle. (B) If a person to whom a special certificate or license plate has been issued dies, the special certificate or license plate shall be returned to the Office of Motor Vehicle within thirty (30) days after the death of the person to whom the special certificate or plate was issued. (6) (A) The photo identification card issued under this section shall be issued upon payment of a transaction fee of five dollars ($5.00) and shall expire four (4) years from the last day of the month in which it is issued. (B) The transaction fee shall be deposited as special revenue into the State Central Services Fund to be used exclusively for the benefit of the Revenue Division of the Department of Finance and Administration. (C) The transaction fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division. (D) The transaction fee shall not be considered or credited to the division as direct revenue.

(1) A person with a disability may apply to the Office of Motor Vehicle for a special person-with-a-disability certificate, subject to the photo identification card requirements of subsection (a) of this section.

(2) The special certificate shall conform in size, color, and construction as may be specified by federal rules issued by the United States Secretary of Transportation, pursuant to Pub. L. No. 100-641.

(3) When the special certificate is displayed on the inside rearview mirror, or the dashboard if the vehicle is of a type that does not have an inside rearview mirror, of a vehicle described in § 27-15-303 that is transporting the person to whom the special certificate was issued, the owner or operator of the motor vehicle shall be entitled to the same parking privileges as the owner or operator of a motor vehicle bearing a special license plate provided under subsection (a) of this section.

(4) The special certificate shall be issued free of charge and shall expire four (4) years from the last day of the month in which it is issued.

(5) (A) If a person to whom a special certificate or license plate has been issued moves to another state, the person shall surrender the special certificate or plate to the Office of Motor Vehicle. (B) If a person to whom a special certificate or license plate has been issued dies, the special certificate or license plate shall be returned to the Office of Motor Vehicle within thirty (30) days after the death of the person to whom the special certificate or plate was issued.

(A) If a person to whom a special certificate or license plate has been issued moves to another state, the person shall surrender the special certificate or plate to the Office of Motor Vehicle.

(B) If a person to whom a special certificate or license plate has been issued dies, the special certificate or license plate shall be returned to the Office of Motor Vehicle within thirty (30) days after the death of the person to whom the special certificate or plate was issued.

(6) (A) The photo identification card issued under this section shall be issued upon payment of a transaction fee of five dollars ($5.00) and shall expire four (4) years from the last day of the month in which it is issued. (B) The transaction fee shall be deposited as special revenue into the State Central Services Fund to be used exclusively for the benefit of the Revenue Division of the Department of Finance and Administration. (C) The transaction fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division. (D) The transaction fee shall not be considered or credited to the division as direct revenue.

(A) The photo identification card issued under this section shall be issued upon payment of a transaction fee of five dollars ($5.00) and shall expire four (4) years from the last day of the month in which it is issued.

(B) The transaction fee shall be deposited as special revenue into the State Central Services Fund to be used exclusively for the benefit of the Revenue Division of the Department of Finance and Administration.

(C) The transaction fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.

(D) The transaction fee shall not be considered or credited to the division as direct revenue.

(d) (1) In lieu of the photo identification card issued under this section, a person who holds a valid driver's license or identification card issued under the laws of this state may choose to have an endorsement on his or her driver's license or identification card that authorizes parking in areas designated as parking for a person with a disability. (2) If a driver's license endorsement or identification card endorsement is chosen under this section, then the issuance and expiration of the driver's license shall correspond with the expiration date of the special person-with-a-disability certificate issued under this section. (3) (A) The Office of Motor Vehicle shall not charge an additional fee for adding the endorsement on a currently issued driver's license or identification card. (B) Any person who applies for and does not currently have a driver's license or identification card and requests the endorsement shall pay only the fee required under current law for the issuance of a driver's license or identification card and shall not pay an additional fee for the endorsement.

(1) In lieu of the photo identification card issued under this section, a person who holds a valid driver's license or identification card issued under the laws of this state may choose to have an endorsement on his or her driver's license or identification card that authorizes parking in areas designated as parking for a person with a disability.

(2) If a driver's license endorsement or identification card endorsement is chosen under this section, then the issuance and expiration of the driver's license shall correspond with the expiration date of the special person-with-a-disability certificate issued under this section.

(3) (A) The Office of Motor Vehicle shall not charge an additional fee for adding the endorsement on a currently issued driver's license or identification card. (B) Any person who applies for and does not currently have a driver's license or identification card and requests the endorsement shall pay only the fee required under current law for the issuance of a driver's license or identification card and shall not pay an additional fee for the endorsement.

(A) The Office of Motor Vehicle shall not charge an additional fee for adding the endorsement on a currently issued driver's license or identification card.

(B) Any person who applies for and does not currently have a driver's license or identification card and requests the endorsement shall pay only the fee required under current law for the issuance of a driver's license or identification card and shall not pay an additional fee for the endorsement.

(e) (1) A person who is a resident of a facility that provides long-term medical care or personal care is not required to obtain a photo identification card that displays a photograph of the person with a disability but instead shall carry on the person documentation from the administrator of the facility attesting that the person is a resident of the facility. (2) This subsection applies to the following facilities, including without limitation: (A) A licensed nursing home; (B) A licensed residential care facility; or (C) A licensed assisted living facility.

(1) A person who is a resident of a facility that provides long-term medical care or personal care is not required to obtain a photo identification card that displays a photograph of the person with a disability but instead shall carry on the person documentation from the administrator of the facility attesting that the person is a resident of the facility.

(2) This subsection applies to the following facilities, including without limitation: (A) A licensed nursing home; (B) A licensed residential care facility; or (C) A licensed assisted living facility.

(A) A licensed nursing home;

(B) A licensed residential care facility; or

(C) A licensed assisted living facility.

(f) (1) An owner of a motor vehicle described in § 27-15-303 may apply to the Office of Motor Vehicle for issuance of one (1) or more van-accessible parking decals to be affixed to each special license plate or special certificate, or temporary special certificate issued to the owner, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is a person with a disability that qualifies for van accessible parking privileges as defined in § 27-15-312(a)(2)(A) . (2) An applicant whose vehicle displays both a special license plate and special certificate is required to have a van-accessible parking decal affixed to the special license plate and special certificate.

(1) An owner of a motor vehicle described in § 27-15-303 may apply to the Office of Motor Vehicle for issuance of one (1) or more van-accessible parking decals to be affixed to each special license plate or special certificate, or temporary special certificate issued to the owner, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is a person with a disability that qualifies for van accessible parking privileges as defined in § 27-15-312(a)(2)(A) .

(2) An applicant whose vehicle displays both a special license plate and special certificate is required to have a van-accessible parking decal affixed to the special license plate and special certificate.

Amended by Act 2019, No. 236,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 799,§ 6, eff. 11/13/2017.

Acts 1985, No. 907, §§ 3, 4; A.S.A. 1947, §§ 75-296.5, 75-296.6; Acts 1991, No. 656, § 6; 2001, No. 609, §§ 3, 4; 2005, No. 2202, § 2; 2007, No. 753, § 2.

See Act 2019, No. 236, § 3.
Ark. Code Ann. § 27-14-1805 — AR Code / Title 27 / Chapter 14 / Subchapter 18 / Section 27-14-1805
Use of "IN TRANSIT" placards
Status: in_force

(a) (1) Motor vehicles and trailers in the course of delivery from a manufacturer to a dealer, or from one dealer to another, may be operated on the highways without license number plates being attached, if they display, on the rear, a placard issued by the Secretary of the Department of Finance and Administration, bearing the words "IN TRANSIT", the registration number, the time and date the placard was issued, and the genuine signature of the secretary or his or her agent. (2) The letters and figures shall be of such size and type to meet the requirements of the secretary. (b) (1) The fee for the registration of these vehicles shall be three dollars ($3.00) for each placard. (2) The fee shall be collected by the secretary before issuance of the placard. (c) (1) All placards issued under the provisions of this subchapter shall permit operation of motor vehicles on the highways of this state for a period not exceeding forty-eight (48) hours. (2) The placard shall be good for one (1) trip only. Amended by Act 2019, No. 910,§ 4619, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4618, eff. 7/1/2019. Acts 1935, No. 183, § 1; Pope's Dig., § 6621; Acts 1938 (Ex. Sess.), No. 9, § 1; 1959, No. 65, § 1; A.S.A. 1947, § 75-229.

(a) (1) Motor vehicles and trailers in the course of delivery from a manufacturer to a dealer, or from one dealer to another, may be operated on the highways without license number plates being attached, if they display, on the rear, a placard issued by the Secretary of the Department of Finance and Administration, bearing the words "IN TRANSIT", the registration number, the time and date the placard was issued, and the genuine signature of the secretary or his or her agent. (2) The letters and figures shall be of such size and type to meet the requirements of the secretary.

(1) Motor vehicles and trailers in the course of delivery from a manufacturer to a dealer, or from one dealer to another, may be operated on the highways without license number plates being attached, if they display, on the rear, a placard issued by the Secretary of the Department of Finance and Administration, bearing the words "IN TRANSIT", the registration number, the time and date the placard was issued, and the genuine signature of the secretary or his or her agent.

(2) The letters and figures shall be of such size and type to meet the requirements of the secretary.

(b) (1) The fee for the registration of these vehicles shall be three dollars ($3.00) for each placard. (2) The fee shall be collected by the secretary before issuance of the placard.

(1) The fee for the registration of these vehicles shall be three dollars ($3.00) for each placard.

(2) The fee shall be collected by the secretary before issuance of the placard.

(c) (1) All placards issued under the provisions of this subchapter shall permit operation of motor vehicles on the highways of this state for a period not exceeding forty-eight (48) hours. (2) The placard shall be good for one (1) trip only.

(1) All placards issued under the provisions of this subchapter shall permit operation of motor vehicles on the highways of this state for a period not exceeding forty-eight (48) hours.

(2) The placard shall be good for one (1) trip only.

Amended by Act 2019, No. 910,§ 4619, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4618, eff. 7/1/2019.

Acts 1935, No. 183, § 1; Pope's Dig., § 6621; Acts 1938 (Ex. Sess.), No. 9, § 1; 1959, No. 65, § 1; A.S.A. 1947, § 75-229.
Ark. Code Ann. § 27-20-118 — AR Code / Title 27 / Chapter 20 / Subchapter 1 / Section 27-20-118
Restrictions on young children
Status: in_force

(a) Except as provided under subsection (b) of this section, it is unlawful for the driver of a motorcycle to allow a child to ride as a passenger on a motorcycle on a street or highway unless the child is at least eight (8) years of age. (b) This section shall not apply to the driver of a motorcycle who is a participant in a parade. Acts 2005, No. 1942, § 2.

(a) Except as provided under subsection (b) of this section, it is unlawful for the driver of a motorcycle to allow a child to ride as a passenger on a motorcycle on a street or highway unless the child is at least eight (8) years of age.

(b) This section shall not apply to the driver of a motorcycle who is a participant in a parade.

Acts 2005, No. 1942, § 2.
Ark. Code Ann. § 27-70-207 — AR Code / Title 27 / Chapter 70 / Subchapter 2 / Section 27-70-207
Distribution to county and city funds - Definitions
Status: in_force

(a) As used in this section, "public transportation" means a conveyance of human passengers by bus, van, or any other ground surface vehicle that is: (1) Provided to the general public or selected groups of the public on a regular or continuing basis; and (2) Operated by a city, county, or any other person or entity under a contract or agreement with a city or county. (b) (1) (A) All highway revenues transferred to the County Aid Fund under this subchapter shall be paid over by the Treasurer of State to the treasurers of the respective counties of this state for credit to the county highway fund, there to be used for transportation projects as deemed beneficial by the county to include without limitation: (i) The maintenance, construction, and reconstruction of roads and bridges in the county highway system and for other surface transportation; (ii) Public transportation; or (iii) Any other transportation system improvement or service within the political subdivision, including without limitation those projects defined as a transportation system under § 27-76-103 regardless of whether or not the political subdivision is a member of a regional mobility authority. (B) A county may also use these funds to construct and maintain parking for county courthouses, county administration buildings, county health units, and county parks and to construct and maintain sidewalks that serve county courthouses, county administration buildings, county health units, county parks, public schools, and other publicly owned property. (C) A county may use these funds to pay for local projects eligible for funding under state programs of the Arkansas Department of Transportation and the State Highway Commission and under federal programs of the Federal Highway Administration and the Federal Transit Administration. (D) Furthermore, the funds may be used to install and maintain traffic signals where needed to preserve public health, safety, and welfare. (E) A county may provide these funds to a regional mobility authority to match federal transportation funds for the financing of surface transportation system improvements on state highways, county roads, and city streets. (2) The Treasurer of State shall on or before the tenth day next following the last day of each calendar month make distribution of the revenues on the following basis: (A) Thirty-one percent (31%) of the amount according to area, with each county to receive the proportion that its area bears to the area of the state; (B) Seventeen and one-half percent (17.5%) of the amount according to the amount of state motor vehicle license fees collected in the calendar year next preceding any distribution as certified to the Treasurer of State by the Secretary of the Department of Finance and Administration, with each county to receive the proportion that the total of fees collected from the county bears to the total of fees collected in the state; (C) Seventeen and one-half percent (17.5%) of the amount according to population based upon the most recent federal decennial census, with each county to receive the proportion that its population bears to the population of the state; (D) Thirteen and one-half percent (13.5%) of the amount according to rural population based upon the most recent federal decennial census, with each county to receive the proportion that its rural population bears to the rural population of the state; and (E) Twenty and one-half percent (20.5%) of the amount shall be divided equally among the seventy-five (75) counties. (c) (1) (A) All highway revenues transferred to the Municipal Aid Fund under this subchapter shall be paid over by the Treasurer of State by direct deposit to the treasurers of the respective cities of the first class, cities of the second class, and incorporated towns for credit to the street fund, there to be used for transportation projects as deemed beneficial by the governing body of the political subdivision to include without limitation: (i) The maintenance, construction, and reconstruction of streets that are not continuations of state highways and for other surface transportation; (ii) Public transportation; or (iii) Any other transportation system improvement or service within the political subdivision, including without limitation those projects defined as a transportation system under § 27-76-103 , regardless of whether or not the political subdivision is a member of a regional mobility authority. (B) A city may provide these funds to a regional mobility authority to match federal transportation funds for the financing of surface transportation system improvements on state highways, county roads, and city streets. (C) A city may use these funds to construct and maintain parking for city administration buildings, city recreation buildings, and city parks, and to construct and maintain sidewalks that serve city administration buildings, city recreational buildings, city-owned parking lots, city-owned parking decks, and city parks. (2) (A) The Treasurer of State shall on or before the tenth day next following the last day of each calendar month make distribution of the funds on the basis of population according to the most recent federal census, with the amount to be paid over to each city or incorporated town in the proportion that its population bears to the total population of all cities and towns. (B) If a municipality incorporates during a year in which a federal decennial census is conducted, then for purposes of this section and until data from a federal decennial or special census is made available to the municipality, the population of the municipality shall be based on the most recent federal decennial census as calculated by the Arkansas Geographic Information Systems Office. (3) (A) (i) As used in this subdivision (c)(3), "general revenue" means any revenue deposited into a general fund account that is not: (a) Restricted by the source of that revenue; or (b) Transferred from another municipal fund account. (ii) Beginning on July 28, 2021, if a city or incorporated town has spent funds credited to the street fund in a manner inconsistent with the purposes required by subdivision (c)(1) of this section, the city or incorporated town shall repay the funds that were not used in accordance with subdivision (c)(1) of this section to the street fund from the city's or incorporated town's general revenue by the end of the following fiscal year. (B) A city or incorporated town is not eligible to receive highway revenues under subdivision (c)(1) of this section until the city or incorporated town: (i) Repays the entirety of the funds owed to the street fund, including any funds owed prior to July 28, 2021, as required under subdivision (c)(3)(A)(ii) of this section; or (ii) Passes an ordinance or a resolution committing to pay and pays ten percent (10%) of the city's or incorporated town's general revenue to the street fund each year until the funds owed are repaid. (C) However, if a city or incorporated town is unable to repay the funds owed as required by subdivision (c)(3)(B) of this section, the city or incorporated town may request the approval of the Legislative Joint Auditing Committee to pass an ordinance or resolution committing to pay a percentage less than ten percent (10%) of the city's or incorporated town's general revenue to the street fund each year until the funds owed are repaid. (4) (A) If the Legislative Joint Auditing Committee is presented with a finding that a city or incorporated town spent funds credited to the street fund in a manner inconsistent with the purposes specified in subdivision (c)(1) of this section or that the city or incorporated town failed to make a repayment owed under subdivision (c)(3)(B)(ii) or subdivision (c)(3)(C) of this section, the Legislative Joint Auditing Committee may provide notice of the finding to the: (i) Treasurer of State; and (ii) The city's or incorporated town's officials or employees authorized to prevent or correct the inconsistent spending. (B) Upon notice of a finding from the Legislative Joint Auditing Committee under subdivision (c)(4)(A) of this section, the Treasurer of State shall: (i) Confirm with Arkansas Legislative Audit within thirty (30) days of being notified by the Legislative Joint Auditing Committee that a city or incorporated town spent funds credited to the street fund in a manner inconsistent with the purposes required by subdivision (c)(1) of this section or failed to make a repayment owed under subdivision (c)(3)(B)(ii) or subdivision (c)(3)(C) of this section; and (ii) Withhold highway revenues under subdivision (c)(1) of this section until the entirety of the funds owed are repaid by the city or incorporated town to the street fund. (d) (1) All highway revenues transferred to the State Highway and Transportation Department Fund under the provisions of this subchapter shall be used for the construction, reconstruction, and maintenance of highways and bridges in the state highway system. (2) (A) However, the Arkansas Department of Transportation may use highway revenues transferred to the State Highway and Transportation Department Fund for the installation, upgrading, or improvement of any highway-railroad crossing safety device, railroad crossing traffic control device, warning lights, crossing gates, or other railroad crossing safety devices at public highway railroad crossings and for the construction, reconstruction, and maintenance of any highway-railroad crossing, including the construction or installation of any underpasses or overpasses. (B) Except for the construction or installation of underpasses or overpasses, the Arkansas Department of Transportation's goal is to expend one dollar ($1.00) of state funds for each dollar of federal funds received to improve railroad crossing safety and to reduce railroad crossing accidents. (C) It is the intent of this subdivision (d)(2) to encourage the State Highway Commission to continue to upgrade the state's highway-railway crossings with traffic control devices, warning lights, crossing gates, and other appropriate devices in order to increase the safety of persons using the state's highways. (e) The Department of Finance and Administration shall: (1) Deposit a total of one cent (1¢) per gallon from revenues distributed under this subchapter from the proceeds derived from existing motor fuel taxes and distillate fuel taxes; and (2) (A) Permanently dedicate the revenues to the State Aid Street Fund created under § 27-72-407 . (B) The State Aid Street Fund shall aid city streets under the law. Amended by Act 2023, No. 127,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 709,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 517,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 438,§ 3, eff. 3/24/2021. Amended by Act 2019, No. 133,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 747,§ 13, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4817, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 411, eff. 8/1/2017. Amended by Act 2017, No. 707,§ 412, eff. 8/1/2017. Amended by Act 2017, No. 607,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1010,§ 1, eff. 8/16/2013. Acts 1965 (1st Ex. Sess.), No. 39, § 5; 1967, No. 11, § 1; 1967, No. 41, § 1; 1967, No. 417, § 1; 1968 (1st Ex. Sess.), No. 10, § 1; A.S.A. 1947, § 76-334; Acts 1989, No. 371, § 1; 1997, No. 361, § 1; 1999, No. 724, § 1; 2001, No. 1216, § 1; 2003, No. 208, § 1; 2005, No. 2275, § 7; 2007, No. 389, § 2; 2007, No. 1100, § 3; 2011, No. 752, § 1.

(a) As used in this section, "public transportation" means a conveyance of human passengers by bus, van, or any other ground surface vehicle that is: (1) Provided to the general public or selected groups of the public on a regular or continuing basis; and (2) Operated by a city, county, or any other person or entity under a contract or agreement with a city or county.

(1) Provided to the general public or selected groups of the public on a regular or continuing basis; and

(2) Operated by a city, county, or any other person or entity under a contract or agreement with a city or county.

(b) (1) (A) All highway revenues transferred to the County Aid Fund under this subchapter shall be paid over by the Treasurer of State to the treasurers of the respective counties of this state for credit to the county highway fund, there to be used for transportation projects as deemed beneficial by the county to include without limitation: (i) The maintenance, construction, and reconstruction of roads and bridges in the county highway system and for other surface transportation; (ii) Public transportation; or (iii) Any other transportation system improvement or service within the political subdivision, including without limitation those projects defined as a transportation system under § 27-76-103 regardless of whether or not the political subdivision is a member of a regional mobility authority. (B) A county may also use these funds to construct and maintain parking for county courthouses, county administration buildings, county health units, and county parks and to construct and maintain sidewalks that serve county courthouses, county administration buildings, county health units, county parks, public schools, and other publicly owned property. (C) A county may use these funds to pay for local projects eligible for funding under state programs of the Arkansas Department of Transportation and the State Highway Commission and under federal programs of the Federal Highway Administration and the Federal Transit Administration. (D) Furthermore, the funds may be used to install and maintain traffic signals where needed to preserve public health, safety, and welfare. (E) A county may provide these funds to a regional mobility authority to match federal transportation funds for the financing of surface transportation system improvements on state highways, county roads, and city streets. (2) The Treasurer of State shall on or before the tenth day next following the last day of each calendar month make distribution of the revenues on the following basis: (A) Thirty-one percent (31%) of the amount according to area, with each county to receive the proportion that its area bears to the area of the state; (B) Seventeen and one-half percent (17.5%) of the amount according to the amount of state motor vehicle license fees collected in the calendar year next preceding any distribution as certified to the Treasurer of State by the Secretary of the Department of Finance and Administration, with each county to receive the proportion that the total of fees collected from the county bears to the total of fees collected in the state; (C) Seventeen and one-half percent (17.5%) of the amount according to population based upon the most recent federal decennial census, with each county to receive the proportion that its population bears to the population of the state; (D) Thirteen and one-half percent (13.5%) of the amount according to rural population based upon the most recent federal decennial census, with each county to receive the proportion that its rural population bears to the rural population of the state; and (E) Twenty and one-half percent (20.5%) of the amount shall be divided equally among the seventy-five (75) counties.

(1) (A) All highway revenues transferred to the County Aid Fund under this subchapter shall be paid over by the Treasurer of State to the treasurers of the respective counties of this state for credit to the county highway fund, there to be used for transportation projects as deemed beneficial by the county to include without limitation: (i) The maintenance, construction, and reconstruction of roads and bridges in the county highway system and for other surface transportation; (ii) Public transportation; or (iii) Any other transportation system improvement or service within the political subdivision, including without limitation those projects defined as a transportation system under § 27-76-103 regardless of whether or not the political subdivision is a member of a regional mobility authority. (B) A county may also use these funds to construct and maintain parking for county courthouses, county administration buildings, county health units, and county parks and to construct and maintain sidewalks that serve county courthouses, county administration buildings, county health units, county parks, public schools, and other publicly owned property. (C) A county may use these funds to pay for local projects eligible for funding under state programs of the Arkansas Department of Transportation and the State Highway Commission and under federal programs of the Federal Highway Administration and the Federal Transit Administration. (D) Furthermore, the funds may be used to install and maintain traffic signals where needed to preserve public health, safety, and welfare. (E) A county may provide these funds to a regional mobility authority to match federal transportation funds for the financing of surface transportation system improvements on state highways, county roads, and city streets.

(A) All highway revenues transferred to the County Aid Fund under this subchapter shall be paid over by the Treasurer of State to the treasurers of the respective counties of this state for credit to the county highway fund, there to be used for transportation projects as deemed beneficial by the county to include without limitation: (i) The maintenance, construction, and reconstruction of roads and bridges in the county highway system and for other surface transportation; (ii) Public transportation; or (iii) Any other transportation system improvement or service within the political subdivision, including without limitation those projects defined as a transportation system under § 27-76-103 regardless of whether or not the political subdivision is a member of a regional mobility authority.

(i) The maintenance, construction, and reconstruction of roads and bridges in the county highway system and for other surface transportation;

(ii) Public transportation; or

(iii) Any other transportation system improvement or service within the political subdivision, including without limitation those projects defined as a transportation system under § 27-76-103 regardless of whether or not the political subdivision is a member of a regional mobility authority.

(B) A county may also use these funds to construct and maintain parking for county courthouses, county administration buildings, county health units, and county parks and to construct and maintain sidewalks that serve county courthouses, county administration buildings, county health units, county parks, public schools, and other publicly owned property.

(C) A county may use these funds to pay for local projects eligible for funding under state programs of the Arkansas Department of Transportation and the State Highway Commission and under federal programs of the Federal Highway Administration and the Federal Transit Administration.

(D) Furthermore, the funds may be used to install and maintain traffic signals where needed to preserve public health, safety, and welfare.

(E) A county may provide these funds to a regional mobility authority to match federal transportation funds for the financing of surface transportation system improvements on state highways, county roads, and city streets.

(2) The Treasurer of State shall on or before the tenth day next following the last day of each calendar month make distribution of the revenues on the following basis: (A) Thirty-one percent (31%) of the amount according to area, with each county to receive the proportion that its area bears to the area of the state; (B) Seventeen and one-half percent (17.5%) of the amount according to the amount of state motor vehicle license fees collected in the calendar year next preceding any distribution as certified to the Treasurer of State by the Secretary of the Department of Finance and Administration, with each county to receive the proportion that the total of fees collected from the county bears to the total of fees collected in the state; (C) Seventeen and one-half percent (17.5%) of the amount according to population based upon the most recent federal decennial census, with each county to receive the proportion that its population bears to the population of the state; (D) Thirteen and one-half percent (13.5%) of the amount according to rural population based upon the most recent federal decennial census, with each county to receive the proportion that its rural population bears to the rural population of the state; and (E) Twenty and one-half percent (20.5%) of the amount shall be divided equally among the seventy-five (75) counties.

(A) Thirty-one percent (31%) of the amount according to area, with each county to receive the proportion that its area bears to the area of the state;

(B) Seventeen and one-half percent (17.5%) of the amount according to the amount of state motor vehicle license fees collected in the calendar year next preceding any distribution as certified to the Treasurer of State by the Secretary of the Department of Finance and Administration, with each county to receive the proportion that the total of fees collected from the county bears to the total of fees collected in the state;

(C) Seventeen and one-half percent (17.5%) of the amount according to population based upon the most recent federal decennial census, with each county to receive the proportion that its population bears to the population of the state;

(D) Thirteen and one-half percent (13.5%) of the amount according to rural population based upon the most recent federal decennial census, with each county to receive the proportion that its rural population bears to the rural population of the state; and

(E) Twenty and one-half percent (20.5%) of the amount shall be divided equally among the seventy-five (75) counties.

(c) (1) (A) All highway revenues transferred to the Municipal Aid Fund under this subchapter shall be paid over by the Treasurer of State by direct deposit to the treasurers of the respective cities of the first class, cities of the second class, and incorporated towns for credit to the street fund, there to be used for transportation projects as deemed beneficial by the governing body of the political subdivision to include without limitation: (i) The maintenance, construction, and reconstruction of streets that are not continuations of state highways and for other surface transportation; (ii) Public transportation; or (iii) Any other transportation system improvement or service within the political subdivision, including without limitation those projects defined as a transportation system under § 27-76-103 , regardless of whether or not the political subdivision is a member of a regional mobility authority. (B) A city may provide these funds to a regional mobility authority to match federal transportation funds for the financing of surface transportation system improvements on state highways, county roads, and city streets. (C) A city may use these funds to construct and maintain parking for city administration buildings, city recreation buildings, and city parks, and to construct and maintain sidewalks that serve city administration buildings, city recreational buildings, city-owned parking lots, city-owned parking decks, and city parks. (2) (A) The Treasurer of State shall on or before the tenth day next following the last day of each calendar month make distribution of the funds on the basis of population according to the most recent federal census, with the amount to be paid over to each city or incorporated town in the proportion that its population bears to the total population of all cities and towns. (B) If a municipality incorporates during a year in which a federal decennial census is conducted, then for purposes of this section and until data from a federal decennial or special census is made available to the municipality, the population of the municipality shall be based on the most recent federal decennial census as calculated by the Arkansas Geographic Information Systems Office. (3) (A) (i) As used in this subdivision (c)(3), "general revenue" means any revenue deposited into a general fund account that is not: (a) Restricted by the source of that revenue; or (b) Transferred from another municipal fund account. (ii) Beginning on July 28, 2021, if a city or incorporated town has spent funds credited to the street fund in a manner inconsistent with the purposes required by subdivision (c)(1) of this section, the city or incorporated town shall repay the funds that were not used in accordance with subdivision (c)(1) of this section to the street fund from the city's or incorporated town's general revenue by the end of the following fiscal year. (B) A city or incorporated town is not eligible to receive highway revenues under subdivision (c)(1) of this section until the city or incorporated town: (i) Repays the entirety of the funds owed to the street fund, including any funds owed prior to July 28, 2021, as required under subdivision (c)(3)(A)(ii) of this section; or (ii) Passes an ordinance or a resolution committing to pay and pays ten percent (10%) of the city's or incorporated town's general revenue to the street fund each year until the funds owed are repaid. (C) However, if a city or incorporated town is unable to repay the funds owed as required by subdivision (c)(3)(B) of this section, the city or incorporated town may request the approval of the Legislative Joint Auditing Committee to pass an ordinance or resolution committing to pay a percentage less than ten percent (10%) of the city's or incorporated town's general revenue to the street fund each year until the funds owed are repaid. (4) (A) If the Legislative Joint Auditing Committee is presented with a finding that a city or incorporated town spent funds credited to the street fund in a manner inconsistent with the purposes specified in subdivision (c)(1) of this section or that the city or incorporated town failed to make a repayment owed under subdivision (c)(3)(B)(ii) or subdivision (c)(3)(C) of this section, the Legislative Joint Auditing Committee may provide notice of the finding to the: (i) Treasurer of State; and (ii) The city's or incorporated town's officials or employees authorized to prevent or correct the inconsistent spending. (B) Upon notice of a finding from the Legislative Joint Auditing Committee under subdivision (c)(4)(A) of this section, the Treasurer of State shall: (i) Confirm with Arkansas Legislative Audit within thirty (30) days of being notified by the Legislative Joint Auditing Committee that a city or incorporated town spent funds credited to the street fund in a manner inconsistent with the purposes required by subdivision (c)(1) of this section or failed to make a repayment owed under subdivision (c)(3)(B)(ii) or subdivision (c)(3)(C) of this section; and (ii) Withhold highway revenues under subdivision (c)(1) of this section until the entirety of the funds owed are repaid by the city or incorporated town to the street fund.

(1) (A) All highway revenues transferred to the Municipal Aid Fund under this subchapter shall be paid over by the Treasurer of State by direct deposit to the treasurers of the respective cities of the first class, cities of the second class, and incorporated towns for credit to the street fund, there to be used for transportation projects as deemed beneficial by the governing body of the political subdivision to include without limitation: (i) The maintenance, construction, and reconstruction of streets that are not continuations of state highways and for other surface transportation; (ii) Public transportation; or (iii) Any other transportation system improvement or service within the political subdivision, including without limitation those projects defined as a transportation system under § 27-76-103 , regardless of whether or not the political subdivision is a member of a regional mobility authority. (B) A city may provide these funds to a regional mobility authority to match federal transportation funds for the financing of surface transportation system improvements on state highways, county roads, and city streets. (C) A city may use these funds to construct and maintain parking for city administration buildings, city recreation buildings, and city parks, and to construct and maintain sidewalks that serve city administration buildings, city recreational buildings, city-owned parking lots, city-owned parking decks, and city parks.

(A) All highway revenues transferred to the Municipal Aid Fund under this subchapter shall be paid over by the Treasurer of State by direct deposit to the treasurers of the respective cities of the first class, cities of the second class, and incorporated towns for credit to the street fund, there to be used for transportation projects as deemed beneficial by the governing body of the political subdivision to include without limitation: (i) The maintenance, construction, and reconstruction of streets that are not continuations of state highways and for other surface transportation; (ii) Public transportation; or (iii) Any other transportation system improvement or service within the political subdivision, including without limitation those projects defined as a transportation system under § 27-76-103 , regardless of whether or not the political subdivision is a member of a regional mobility authority.

(i) The maintenance, construction, and reconstruction of streets that are not continuations of state highways and for other surface transportation;

(ii) Public transportation; or

(iii) Any other transportation system improvement or service within the political subdivision, including without limitation those projects defined as a transportation system under § 27-76-103 , regardless of whether or not the political subdivision is a member of a regional mobility authority.

(B) A city may provide these funds to a regional mobility authority to match federal transportation funds for the financing of surface transportation system improvements on state highways, county roads, and city streets.

(C) A city may use these funds to construct and maintain parking for city administration buildings, city recreation buildings, and city parks, and to construct and maintain sidewalks that serve city administration buildings, city recreational buildings, city-owned parking lots, city-owned parking decks, and city parks.

(2) (A) The Treasurer of State shall on or before the tenth day next following the last day of each calendar month make distribution of the funds on the basis of population according to the most recent federal census, with the amount to be paid over to each city or incorporated town in the proportion that its population bears to the total population of all cities and towns. (B) If a municipality incorporates during a year in which a federal decennial census is conducted, then for purposes of this section and until data from a federal decennial or special census is made available to the municipality, the population of the municipality shall be based on the most recent federal decennial census as calculated by the Arkansas Geographic Information Systems Office.

(A) The Treasurer of State shall on or before the tenth day next following the last day of each calendar month make distribution of the funds on the basis of population according to the most recent federal census, with the amount to be paid over to each city or incorporated town in the proportion that its population bears to the total population of all cities and towns.

(B) If a municipality incorporates during a year in which a federal decennial census is conducted, then for purposes of this section and until data from a federal decennial or special census is made available to the municipality, the population of the municipality shall be based on the most recent federal decennial census as calculated by the Arkansas Geographic Information Systems Office.

(3) (A) (i) As used in this subdivision (c)(3), "general revenue" means any revenue deposited into a general fund account that is not: (a) Restricted by the source of that revenue; or (b) Transferred from another municipal fund account. (ii) Beginning on July 28, 2021, if a city or incorporated town has spent funds credited to the street fund in a manner inconsistent with the purposes required by subdivision (c)(1) of this section, the city or incorporated town shall repay the funds that were not used in accordance with subdivision (c)(1) of this section to the street fund from the city's or incorporated town's general revenue by the end of the following fiscal year. (B) A city or incorporated town is not eligible to receive highway revenues under subdivision (c)(1) of this section until the city or incorporated town: (i) Repays the entirety of the funds owed to the street fund, including any funds owed prior to July 28, 2021, as required under subdivision (c)(3)(A)(ii) of this section; or (ii) Passes an ordinance or a resolution committing to pay and pays ten percent (10%) of the city's or incorporated town's general revenue to the street fund each year until the funds owed are repaid. (C) However, if a city or incorporated town is unable to repay the funds owed as required by subdivision (c)(3)(B) of this section, the city or incorporated town may request the approval of the Legislative Joint Auditing Committee to pass an ordinance or resolution committing to pay a percentage less than ten percent (10%) of the city's or incorporated town's general revenue to the street fund each year until the funds owed are repaid.

(A) (i) As used in this subdivision (c)(3), "general revenue" means any revenue deposited into a general fund account that is not: (a) Restricted by the source of that revenue; or (b) Transferred from another municipal fund account. (ii) Beginning on July 28, 2021, if a city or incorporated town has spent funds credited to the street fund in a manner inconsistent with the purposes required by subdivision (c)(1) of this section, the city or incorporated town shall repay the funds that were not used in accordance with subdivision (c)(1) of this section to the street fund from the city's or incorporated town's general revenue by the end of the following fiscal year.

(i) As used in this subdivision (c)(3), "general revenue" means any revenue deposited into a general fund account that is not: (a) Restricted by the source of that revenue; or (b) Transferred from another municipal fund account.

(a) Restricted by the source of that revenue; or

(b) Transferred from another municipal fund account.

(ii) Beginning on July 28, 2021, if a city or incorporated town has spent funds credited to the street fund in a manner inconsistent with the purposes required by subdivision (c)(1) of this section, the city or incorporated town shall repay the funds that were not used in accordance with subdivision (c)(1) of this section to the street fund from the city's or incorporated town's general revenue by the end of the following fiscal year.

(B) A city or incorporated town is not eligible to receive highway revenues under subdivision (c)(1) of this section until the city or incorporated town: (i) Repays the entirety of the funds owed to the street fund, including any funds owed prior to July 28, 2021, as required under subdivision (c)(3)(A)(ii) of this section; or (ii) Passes an ordinance or a resolution committing to pay and pays ten percent (10%) of the city's or incorporated town's general revenue to the street fund each year until the funds owed are repaid.

(i) Repays the entirety of the funds owed to the street fund, including any funds owed prior to July 28, 2021, as required under subdivision (c)(3)(A)(ii) of this section; or

(ii) Passes an ordinance or a resolution committing to pay and pays ten percent (10%) of the city's or incorporated town's general revenue to the street fund each year until the funds owed are repaid.

(C) However, if a city or incorporated town is unable to repay the funds owed as required by subdivision (c)(3)(B) of this section, the city or incorporated town may request the approval of the Legislative Joint Auditing Committee to pass an ordinance or resolution committing to pay a percentage less than ten percent (10%) of the city's or incorporated town's general revenue to the street fund each year until the funds owed are repaid.

(4) (A) If the Legislative Joint Auditing Committee is presented with a finding that a city or incorporated town spent funds credited to the street fund in a manner inconsistent with the purposes specified in subdivision (c)(1) of this section or that the city or incorporated town failed to make a repayment owed under subdivision (c)(3)(B)(ii) or subdivision (c)(3)(C) of this section, the Legislative Joint Auditing Committee may provide notice of the finding to the: (i) Treasurer of State; and (ii) The city's or incorporated town's officials or employees authorized to prevent or correct the inconsistent spending. (B) Upon notice of a finding from the Legislative Joint Auditing Committee under subdivision (c)(4)(A) of this section, the Treasurer of State shall: (i) Confirm with Arkansas Legislative Audit within thirty (30) days of being notified by the Legislative Joint Auditing Committee that a city or incorporated town spent funds credited to the street fund in a manner inconsistent with the purposes required by subdivision (c)(1) of this section or failed to make a repayment owed under subdivision (c)(3)(B)(ii) or subdivision (c)(3)(C) of this section; and (ii) Withhold highway revenues under subdivision (c)(1) of this section until the entirety of the funds owed are repaid by the city or incorporated town to the street fund.

(A) If the Legislative Joint Auditing Committee is presented with a finding that a city or incorporated town spent funds credited to the street fund in a manner inconsistent with the purposes specified in subdivision (c)(1) of this section or that the city or incorporated town failed to make a repayment owed under subdivision (c)(3)(B)(ii) or subdivision (c)(3)(C) of this section, the Legislative Joint Auditing Committee may provide notice of the finding to the: (i) Treasurer of State; and (ii) The city's or incorporated town's officials or employees authorized to prevent or correct the inconsistent spending.

(i) Treasurer of State; and

(ii) The city's or incorporated town's officials or employees authorized to prevent or correct the inconsistent spending.

(B) Upon notice of a finding from the Legislative Joint Auditing Committee under subdivision (c)(4)(A) of this section, the Treasurer of State shall: (i) Confirm with Arkansas Legislative Audit within thirty (30) days of being notified by the Legislative Joint Auditing Committee that a city or incorporated town spent funds credited to the street fund in a manner inconsistent with the purposes required by subdivision (c)(1) of this section or failed to make a repayment owed under subdivision (c)(3)(B)(ii) or subdivision (c)(3)(C) of this section; and (ii) Withhold highway revenues under subdivision (c)(1) of this section until the entirety of the funds owed are repaid by the city or incorporated town to the street fund.

(i) Confirm with Arkansas Legislative Audit within thirty (30) days of being notified by the Legislative Joint Auditing Committee that a city or incorporated town spent funds credited to the street fund in a manner inconsistent with the purposes required by subdivision (c)(1) of this section or failed to make a repayment owed under subdivision (c)(3)(B)(ii) or subdivision (c)(3)(C) of this section; and

(ii) Withhold highway revenues under subdivision (c)(1) of this section until the entirety of the funds owed are repaid by the city or incorporated town to the street fund.

(d) (1) All highway revenues transferred to the State Highway and Transportation Department Fund under the provisions of this subchapter shall be used for the construction, reconstruction, and maintenance of highways and bridges in the state highway system. (2) (A) However, the Arkansas Department of Transportation may use highway revenues transferred to the State Highway and Transportation Department Fund for the installation, upgrading, or improvement of any highway-railroad crossing safety device, railroad crossing traffic control device, warning lights, crossing gates, or other railroad crossing safety devices at public highway railroad crossings and for the construction, reconstruction, and maintenance of any highway-railroad crossing, including the construction or installation of any underpasses or overpasses. (B) Except for the construction or installation of underpasses or overpasses, the Arkansas Department of Transportation's goal is to expend one dollar ($1.00) of state funds for each dollar of federal funds received to improve railroad crossing safety and to reduce railroad crossing accidents. (C) It is the intent of this subdivision (d)(2) to encourage the State Highway Commission to continue to upgrade the state's highway-railway crossings with traffic control devices, warning lights, crossing gates, and other appropriate devices in order to increase the safety of persons using the state's highways.

(1) All highway revenues transferred to the State Highway and Transportation Department Fund under the provisions of this subchapter shall be used for the construction, reconstruction, and maintenance of highways and bridges in the state highway system.

(2) (A) However, the Arkansas Department of Transportation may use highway revenues transferred to the State Highway and Transportation Department Fund for the installation, upgrading, or improvement of any highway-railroad crossing safety device, railroad crossing traffic control device, warning lights, crossing gates, or other railroad crossing safety devices at public highway railroad crossings and for the construction, reconstruction, and maintenance of any highway-railroad crossing, including the construction or installation of any underpasses or overpasses. (B) Except for the construction or installation of underpasses or overpasses, the Arkansas Department of Transportation's goal is to expend one dollar ($1.00) of state funds for each dollar of federal funds received to improve railroad crossing safety and to reduce railroad crossing accidents. (C) It is the intent of this subdivision (d)(2) to encourage the State Highway Commission to continue to upgrade the state's highway-railway crossings with traffic control devices, warning lights, crossing gates, and other appropriate devices in order to increase the safety of persons using the state's highways.

(A) However, the Arkansas Department of Transportation may use highway revenues transferred to the State Highway and Transportation Department Fund for the installation, upgrading, or improvement of any highway-railroad crossing safety device, railroad crossing traffic control device, warning lights, crossing gates, or other railroad crossing safety devices at public highway railroad crossings and for the construction, reconstruction, and maintenance of any highway-railroad crossing, including the construction or installation of any underpasses or overpasses.

(B) Except for the construction or installation of underpasses or overpasses, the Arkansas Department of Transportation's goal is to expend one dollar ($1.00) of state funds for each dollar of federal funds received to improve railroad crossing safety and to reduce railroad crossing accidents.

(C) It is the intent of this subdivision (d)(2) to encourage the State Highway Commission to continue to upgrade the state's highway-railway crossings with traffic control devices, warning lights, crossing gates, and other appropriate devices in order to increase the safety of persons using the state's highways.

(e) The Department of Finance and Administration shall: (1) Deposit a total of one cent (1¢) per gallon from revenues distributed under this subchapter from the proceeds derived from existing motor fuel taxes and distillate fuel taxes; and (2) (A) Permanently dedicate the revenues to the State Aid Street Fund created under § 27-72-407 . (B) The State Aid Street Fund shall aid city streets under the law.

(1) Deposit a total of one cent (1¢) per gallon from revenues distributed under this subchapter from the proceeds derived from existing motor fuel taxes and distillate fuel taxes; and

(2) (A) Permanently dedicate the revenues to the State Aid Street Fund created under § 27-72-407 . (B) The State Aid Street Fund shall aid city streets under the law.

(A) Permanently dedicate the revenues to the State Aid Street Fund created under § 27-72-407 .

(B) The State Aid Street Fund shall aid city streets under the law.

Amended by Act 2023, No. 127,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 709,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 517,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 438,§ 3, eff. 3/24/2021.

Amended by Act 2019, No. 133,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 747,§ 13, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4817, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 411, eff. 8/1/2017.

Amended by Act 2017, No. 707,§ 412, eff. 8/1/2017.

Amended by Act 2017, No. 607,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 1010,§ 1, eff. 8/16/2013.

Acts 1965 (1st Ex. Sess.), No. 39, § 5; 1967, No. 11, § 1; 1967, No. 41, § 1; 1967, No. 417, § 1; 1968 (1st Ex. Sess.), No. 10, § 1; A.S.A. 1947, § 76-334; Acts 1989, No. 371, § 1; 1997, No. 361, § 1; 1999, No. 724, § 1; 2001, No. 1216, § 1; 2003, No. 208, § 1; 2005, No. 2275, § 7; 2007, No. 389, § 2; 2007, No. 1100, § 3; 2011, No. 752, § 1.
Ark. Code Ann. § 27-38-104 — AR Code / Title 27 / Chapter 38 / Subchapter 1 / Section 27-38-104
Regulation of disposition - Markings required
Status: in_force

It shall be unlawful for any person to sell, offer for sale, give away, or transfer to another person any article commonly known as antifreeze containing in excess of ten percent (10%) methanol, unless the following provisions are complied with: (1) It shall be distinctively colored, so that by its appearance it cannot be confused with potable alcohol; (2) It shall contain an emetic or such warning substance or substances as the United States Public Health Service may recommend; and (3) All containers of quantities less than tank car lots shall be plainly marked on the outside with a stencil or label securely attached, which bears the word "METHANOL" in red ink in letters at least one-half inch (½") in height, and below or adjacent to the word "METHANOL" shall also be in red ink the skull and crossbones symbol and the words "Poison, methanol is a violent poison, it cannot be made nonpoisonous. If taken internally may cause blindness and death." Acts 1931, No. 165, § 1; Pope's Dig., § 3453; A.S.A. 1947, § 75-1301.

It shall be unlawful for any person to sell, offer for sale, give away, or transfer to another person any article commonly known as antifreeze containing in excess of ten percent (10%) methanol, unless the following provisions are complied with:

(1) It shall be distinctively colored, so that by its appearance it cannot be confused with potable alcohol;

(2) It shall contain an emetic or such warning substance or substances as the United States Public Health Service may recommend; and

(3) All containers of quantities less than tank car lots shall be plainly marked on the outside with a stencil or label securely attached, which bears the word "METHANOL" in red ink in letters at least one-half inch (½") in height, and below or adjacent to the word "METHANOL" shall also be in red ink the skull and crossbones symbol and the words "Poison, methanol is a violent poison, it cannot be made nonpoisonous. If taken internally may cause blindness and death."

Acts 1931, No. 165, § 1; Pope's Dig., § 3453; A.S.A. 1947, § 75-1301.
Ark. Code Ann. § 27-53-102 — AR Code / Title 27 / Chapter 53 / Subchapter 1 / Section 27-53-102
Accidents involving damage only to vehicle or personal property of another person - Removal of vehicle
Status: in_force

(a) (1) The driver of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by any person or to the personal property of another person shall immediately stop the vehicle at the scene of the accident or as close to the accident as possible, and shall immediately return to and remain at the scene of the accident until he or she has fulfilled the requirements of § 27-53-103 . (2) Every stop shall be made without obstructing traffic more than is necessary. (b) An accident of this nature shall include all accidents that occur upon the streets or highways, upon the parking area of private business establishments, or elsewhere throughout the state. (c) (1) The driver shall remove his or her vehicle from the roadway, except that the driver may leave the vehicle in the roadway if the vehicle is disabled or there is a visible or apparent injury to a person. (2) The removal of a vehicle from the roadway under this section shall not constitute an admission of liability nor a waiver of a claim for personal injury. (d) A person who knowingly violates this section is upon conviction guilty of a: (1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000); (2) Class D felony if the amount of actual damage is ten thousand dollars ($10,000) or more; or (3) Class B misdemeanor if otherwise committed. Amended by Act 2017, No. 615,§ 1, eff. 8/1/2017. Acts 1937, No. 300, § 37; Pope's Dig., § 6695; A.S.A. 1947, § 75-902; Acts 1987, No. 88, § 2; 1987, No. 598, § 1.

(a) (1) The driver of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by any person or to the personal property of another person shall immediately stop the vehicle at the scene of the accident or as close to the accident as possible, and shall immediately return to and remain at the scene of the accident until he or she has fulfilled the requirements of § 27-53-103 . (2) Every stop shall be made without obstructing traffic more than is necessary.

(1) The driver of a vehicle involved in an accident resulting only in damage to a vehicle that is driven or attended by any person or to the personal property of another person shall immediately stop the vehicle at the scene of the accident or as close to the accident as possible, and shall immediately return to and remain at the scene of the accident until he or she has fulfilled the requirements of § 27-53-103 .

(2) Every stop shall be made without obstructing traffic more than is necessary.

(b) An accident of this nature shall include all accidents that occur upon the streets or highways, upon the parking area of private business establishments, or elsewhere throughout the state.

(c) (1) The driver shall remove his or her vehicle from the roadway, except that the driver may leave the vehicle in the roadway if the vehicle is disabled or there is a visible or apparent injury to a person. (2) The removal of a vehicle from the roadway under this section shall not constitute an admission of liability nor a waiver of a claim for personal injury.

(1) The driver shall remove his or her vehicle from the roadway, except that the driver may leave the vehicle in the roadway if the vehicle is disabled or there is a visible or apparent injury to a person.

(2) The removal of a vehicle from the roadway under this section shall not constitute an admission of liability nor a waiver of a claim for personal injury.

(d) A person who knowingly violates this section is upon conviction guilty of a: (1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000); (2) Class D felony if the amount of actual damage is ten thousand dollars ($10,000) or more; or (3) Class B misdemeanor if otherwise committed.

(1) Class A misdemeanor if the amount of actual damage is one thousand dollars ($1,000) or more but less than ten thousand dollars ($10,000);

(2) Class D felony if the amount of actual damage is ten thousand dollars ($10,000) or more; or

(3) Class B misdemeanor if otherwise committed.

Amended by Act 2017, No. 615,§ 1, eff. 8/1/2017.

Acts 1937, No. 300, § 37; Pope's Dig., § 6695; A.S.A. 1947, § 75-902; Acts 1987, No. 88, § 2; 1987, No. 598, § 1.
Ark. Code Ann. § 27-18-106 — AR Code / Title 27 / Chapter 18 / Section 27-18-106
Fees
Status: in_force

(a) (1) For the purposes set out in § 27-18-101 , the Arkansas State Police Commission is authorized to charge a fee for the driver education course in the following amounts: (A) Five dollars ($5.00) for a student of: (i) An accredited high school; (ii) A state or privately supported college, university, or junior college; or (iii) A vocational-technical training school engaging in the driver education course; and (B) Ten dollars ($10.00) for any other person. (2) Upon determination that a student or qualified prospective student of the driver education course is unable to pay the fee authorized by this section, the commission shall waive the fee, as it is the purpose and intent of this chapter to provide driver education for the citizens of Arkansas. (3) The commission shall waive the fee authorized by this section for a child in foster care or an unaccompanied homeless youth certified under § 9-25-106 . (b) Such fees as are collected shall be remitted monthly by the commission to the State Treasury, there to be deposited as special revenues to the credit of the Division of Arkansas State Police Fund, to be used for the operation and maintenance of the commission. Amended by Act 2023, No. 506,§ 6, eff. 8/1/2023. Acts 1965, No. 531, § 2; A.S.A. 1947, § 75-1902.

(a) (1) For the purposes set out in § 27-18-101 , the Arkansas State Police Commission is authorized to charge a fee for the driver education course in the following amounts: (A) Five dollars ($5.00) for a student of: (i) An accredited high school; (ii) A state or privately supported college, university, or junior college; or (iii) A vocational-technical training school engaging in the driver education course; and (B) Ten dollars ($10.00) for any other person. (2) Upon determination that a student or qualified prospective student of the driver education course is unable to pay the fee authorized by this section, the commission shall waive the fee, as it is the purpose and intent of this chapter to provide driver education for the citizens of Arkansas. (3) The commission shall waive the fee authorized by this section for a child in foster care or an unaccompanied homeless youth certified under § 9-25-106 .

(1) For the purposes set out in § 27-18-101 , the Arkansas State Police Commission is authorized to charge a fee for the driver education course in the following amounts: (A) Five dollars ($5.00) for a student of: (i) An accredited high school; (ii) A state or privately supported college, university, or junior college; or (iii) A vocational-technical training school engaging in the driver education course; and (B) Ten dollars ($10.00) for any other person.

(A) Five dollars ($5.00) for a student of: (i) An accredited high school; (ii) A state or privately supported college, university, or junior college; or (iii) A vocational-technical training school engaging in the driver education course; and

(i) An accredited high school;

(ii) A state or privately supported college, university, or junior college; or

(iii) A vocational-technical training school engaging in the driver education course; and

(B) Ten dollars ($10.00) for any other person.

(2) Upon determination that a student or qualified prospective student of the driver education course is unable to pay the fee authorized by this section, the commission shall waive the fee, as it is the purpose and intent of this chapter to provide driver education for the citizens of Arkansas.

(3) The commission shall waive the fee authorized by this section for a child in foster care or an unaccompanied homeless youth certified under § 9-25-106 .

(b) Such fees as are collected shall be remitted monthly by the commission to the State Treasury, there to be deposited as special revenues to the credit of the Division of Arkansas State Police Fund, to be used for the operation and maintenance of the commission.

Amended by Act 2023, No. 506,§ 6, eff. 8/1/2023.

Acts 1965, No. 531, § 2; A.S.A. 1947, § 75-1902.
Ark. Code Ann. § 27-66-206 — AR Code / Title 27 / Chapter 66 / Subchapter 2 / Section 27-66-206
School bus routes
Status: in_force

(a) The county judge in his or her discretion may designate as county roads those roads used as school bus routes. (b) Upon declaring a road a county road pursuant to this section, the county judge shall take charge of the road and cause the road to be maintained and repaired the same as other county roads. Acts 1923, No. 461, §§ 1, 2; Pope's Dig., §§ 6969, 6970; Acts 1947, No. 104, § 1; 1983, No. 166, §§ 1, 2; A.S.A. 1947, § 76-106, 76-107.

(a) The county judge in his or her discretion may designate as county roads those roads used as school bus routes.

(b) Upon declaring a road a county road pursuant to this section, the county judge shall take charge of the road and cause the road to be maintained and repaired the same as other county roads.

Acts 1923, No. 461, §§ 1, 2; Pope's Dig., §§ 6969, 6970; Acts 1947, No. 104, § 1; 1983, No. 166, §§ 1, 2; A.S.A. 1947, § 76-106, 76-107.
Ark. Code Ann. § 27-50-1216 — AR Code / Title 27 / Chapter 50 / Subchapter 12 / Section 27-50-1216
Moving a total-loss vehicle from a storage facility - Definition
Status: in_force

(a) As used in this section, "storage facility" means a facility where a wrecked or inoperable vehicle is stored that charges storage fees to a vehicle owner as a result of the claim from the wrecked or inoperable vehicle. (b) (1) (A) If an insurance company determines that a vehicle is a total loss claim, the insurance company may authorize its agent to move the vehicle to a location of its choosing without: (i) The approval of the storage facility; and (ii) A release document from the owner. (B) Instead of a release document, the insurance company shall obtain a verbal release from the vehicle owner to move the total loss vehicle as provided under this section and document the verbal release in the claim file. (2) (A) To authorize the moving of the vehicle, the insurance company shall submit notice by regular mail, hand-delivery, facsimile, or electronic transmission to the storage facility on company letterhead of the intent to move the vehicle. (B) The notice shall include: (i) A description of the vehicle, including its identification number; (ii) The identification of the agent who is to move the vehicle; (iii) The date the owner of the vehicle authorized release of the vehicle to the insurance company; and (iv) A statement that the insurance company will indemnify and hold harmless the storage facility for all liability and costs it incurs defending itself in any civil or criminal claim arising from moving the vehicle without a release document from the owner. (C) The owner and any lienholder of the vehicle shall receive a copy of the notice by regular mail. (c) The storage facility shall make the vehicle available for immediate release and removal during regular business hours of the storage facility upon receipt of: (1) The letter described under subdivision (b)(2) of this section; (2) The release of any law enforcement or other official hold; and (3) Settlement of all fees incurred up to and including the date of removal. (d) (1) If an insurance company or its agent moves a vehicle as provided under this section, the insurance company shall indemnify and hold harmless the storage facility for liability and all expenses associated with civil or criminal claims arising from moving the vehicle without a release document from the owner. (2) In any action in which a storage facility prevails against an insurance company for indemnification under this subsection, in addition to any damages suffered, the storage facility shall be awarded attorney's fees and costs incurred. (e) This section shall not be construed to restore or grant any right, title, or interest in the vehicle or its contents as may have been waived under § 27-50-1209(a) . Acts 2011, No. 1206, § 1.

(a) As used in this section, "storage facility" means a facility where a wrecked or inoperable vehicle is stored that charges storage fees to a vehicle owner as a result of the claim from the wrecked or inoperable vehicle.

(b) (1) (A) If an insurance company determines that a vehicle is a total loss claim, the insurance company may authorize its agent to move the vehicle to a location of its choosing without: (i) The approval of the storage facility; and (ii) A release document from the owner. (B) Instead of a release document, the insurance company shall obtain a verbal release from the vehicle owner to move the total loss vehicle as provided under this section and document the verbal release in the claim file. (2) (A) To authorize the moving of the vehicle, the insurance company shall submit notice by regular mail, hand-delivery, facsimile, or electronic transmission to the storage facility on company letterhead of the intent to move the vehicle. (B) The notice shall include: (i) A description of the vehicle, including its identification number; (ii) The identification of the agent who is to move the vehicle; (iii) The date the owner of the vehicle authorized release of the vehicle to the insurance company; and (iv) A statement that the insurance company will indemnify and hold harmless the storage facility for all liability and costs it incurs defending itself in any civil or criminal claim arising from moving the vehicle without a release document from the owner. (C) The owner and any lienholder of the vehicle shall receive a copy of the notice by regular mail.

(1) (A) If an insurance company determines that a vehicle is a total loss claim, the insurance company may authorize its agent to move the vehicle to a location of its choosing without: (i) The approval of the storage facility; and (ii) A release document from the owner. (B) Instead of a release document, the insurance company shall obtain a verbal release from the vehicle owner to move the total loss vehicle as provided under this section and document the verbal release in the claim file.

(A) If an insurance company determines that a vehicle is a total loss claim, the insurance company may authorize its agent to move the vehicle to a location of its choosing without: (i) The approval of the storage facility; and (ii) A release document from the owner.

(i) The approval of the storage facility; and

(ii) A release document from the owner.

(B) Instead of a release document, the insurance company shall obtain a verbal release from the vehicle owner to move the total loss vehicle as provided under this section and document the verbal release in the claim file.

(2) (A) To authorize the moving of the vehicle, the insurance company shall submit notice by regular mail, hand-delivery, facsimile, or electronic transmission to the storage facility on company letterhead of the intent to move the vehicle. (B) The notice shall include: (i) A description of the vehicle, including its identification number; (ii) The identification of the agent who is to move the vehicle; (iii) The date the owner of the vehicle authorized release of the vehicle to the insurance company; and (iv) A statement that the insurance company will indemnify and hold harmless the storage facility for all liability and costs it incurs defending itself in any civil or criminal claim arising from moving the vehicle without a release document from the owner. (C) The owner and any lienholder of the vehicle shall receive a copy of the notice by regular mail.

(A) To authorize the moving of the vehicle, the insurance company shall submit notice by regular mail, hand-delivery, facsimile, or electronic transmission to the storage facility on company letterhead of the intent to move the vehicle.

(B) The notice shall include: (i) A description of the vehicle, including its identification number; (ii) The identification of the agent who is to move the vehicle; (iii) The date the owner of the vehicle authorized release of the vehicle to the insurance company; and (iv) A statement that the insurance company will indemnify and hold harmless the storage facility for all liability and costs it incurs defending itself in any civil or criminal claim arising from moving the vehicle without a release document from the owner.

(i) A description of the vehicle, including its identification number;

(ii) The identification of the agent who is to move the vehicle;

(iii) The date the owner of the vehicle authorized release of the vehicle to the insurance company; and

(iv) A statement that the insurance company will indemnify and hold harmless the storage facility for all liability and costs it incurs defending itself in any civil or criminal claim arising from moving the vehicle without a release document from the owner.

(C) The owner and any lienholder of the vehicle shall receive a copy of the notice by regular mail.

(c) The storage facility shall make the vehicle available for immediate release and removal during regular business hours of the storage facility upon receipt of: (1) The letter described under subdivision (b)(2) of this section; (2) The release of any law enforcement or other official hold; and (3) Settlement of all fees incurred up to and including the date of removal.

(1) The letter described under subdivision (b)(2) of this section;

(2) The release of any law enforcement or other official hold; and

(3) Settlement of all fees incurred up to and including the date of removal.

(d) (1) If an insurance company or its agent moves a vehicle as provided under this section, the insurance company shall indemnify and hold harmless the storage facility for liability and all expenses associated with civil or criminal claims arising from moving the vehicle without a release document from the owner. (2) In any action in which a storage facility prevails against an insurance company for indemnification under this subsection, in addition to any damages suffered, the storage facility shall be awarded attorney's fees and costs incurred.

(1) If an insurance company or its agent moves a vehicle as provided under this section, the insurance company shall indemnify and hold harmless the storage facility for liability and all expenses associated with civil or criminal claims arising from moving the vehicle without a release document from the owner.

(2) In any action in which a storage facility prevails against an insurance company for indemnification under this subsection, in addition to any damages suffered, the storage facility shall be awarded attorney's fees and costs incurred.

(e) This section shall not be construed to restore or grant any right, title, or interest in the vehicle or its contents as may have been waived under § 27-50-1209(a) .

Acts 2011, No. 1206, § 1.
Ark. Code Ann. § 27-24-1413 — AR Code / Title 27 / Chapter 24 / Subchapter 14 / Section 27-24-1413
[Repealed]
Status: repealed

Repealed by Act 2017, No. 928,§ 2, eff. 8/1/2017. Added by Act 2013, No. 586,§ 4, eff. 1/1/2014.

Repealed by Act 2017, No. 928,§ 2, eff. 8/1/2017.

Added by Act 2013, No. 586,§ 4, eff. 1/1/2014.
Ark. Code Ann. § 27-101-107 — AR Code / Title 27 / Chapter 101 / Subchapter 1 / Section 27-101-107
Establishment of rules and regulations
Status: in_force

(a) The Arkansas State Game and Fish Commission shall cooperate with agencies of the United States Government in establishing rules and regulations with reference to the operation of vessels on any waters of this state that are maintained or controlled by federal agencies. It is the intention of this subsection to encourage the establishment of adequate regulations on federally controlled waters for the promotion of safety in the operation of vessels. (b) Any law enforcement office of a subdivision of this state may make, at any time, but only after public notice, formal application to the commission for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits, including, but not limited to, the establishment and marking of speed limits and no-wake zones and shall set forth therein the reasons which make the special rules or regulations necessary or appropriate. (c) (1) The commission shall consider the application and approve the special rules and regulations or disapprove them and state in writing the commission's reasons for disapproving them within ninety (90) days of their submission or the rules and regulations shall be considered properly adopted by ordinance or local law. (2) However, nothing in this subchapter shall prevent the commission from making special rules and regulations with reference to the operation of vessels on any waters within the territorial limits of any subdivision of this state where the local law enforcement office has not established a water patrol. Acts 1959, No. 453, §§ 13, 18; A.S.A. 1947, §§ 21-233, 21-238; Acts 1987, No. 122, § 4.

(a) The Arkansas State Game and Fish Commission shall cooperate with agencies of the United States Government in establishing rules and regulations with reference to the operation of vessels on any waters of this state that are maintained or controlled by federal agencies. It is the intention of this subsection to encourage the establishment of adequate regulations on federally controlled waters for the promotion of safety in the operation of vessels.

(b) Any law enforcement office of a subdivision of this state may make, at any time, but only after public notice, formal application to the commission for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits, including, but not limited to, the establishment and marking of speed limits and no-wake zones and shall set forth therein the reasons which make the special rules or regulations necessary or appropriate.

(c) (1) The commission shall consider the application and approve the special rules and regulations or disapprove them and state in writing the commission's reasons for disapproving them within ninety (90) days of their submission or the rules and regulations shall be considered properly adopted by ordinance or local law. (2) However, nothing in this subchapter shall prevent the commission from making special rules and regulations with reference to the operation of vessels on any waters within the territorial limits of any subdivision of this state where the local law enforcement office has not established a water patrol.

(1) The commission shall consider the application and approve the special rules and regulations or disapprove them and state in writing the commission's reasons for disapproving them within ninety (90) days of their submission or the rules and regulations shall be considered properly adopted by ordinance or local law.

(2) However, nothing in this subchapter shall prevent the commission from making special rules and regulations with reference to the operation of vessels on any waters within the territorial limits of any subdivision of this state where the local law enforcement office has not established a water patrol.

Acts 1959, No. 453, §§ 13, 18; A.S.A. 1947, §§ 21-233, 21-238; Acts 1987, No. 122, § 4.
Ark. Code Ann. § 27-24-1422 — AR Code / Title 27 / Chapter 24 / Subchapter 14 / Section 27-24-1422
Dr. Martin Luther King, Jr. license plate
Status: in_force

(a) (1) The Secretary of the Department of Finance and Administration shall issue a special license plate in honor of Dr. Martin Luther King, Jr. in the manner and subject to the conditions provided for under this subchapter. (2) The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply. (b) The special Dr. Martin Luther King, Jr. motor vehicle license plate shall be: (1) (A) Designed by the Martin Luther King, Jr. Commission. (B) The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and (2) Numbered consecutively. (c) The Department of Finance and Administration shall issue a special license plate under this section upon payment of: (1) The fee required by law for registration of the motor vehicle; (2) (A) Fifty dollars ($50.00) to cover the design-use contribution. (B) The design-use contribution shall be remitted monthly to the commission to be used for commission purposes; and (3) (A) A handling and administrative fee of ten dollars ($10.00). (B) The handling and administrative fee shall be: (i) Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and (ii) Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division. (C) The handling and administrative fee shall not be considered or credited to the division as direct revenue. (d) (1) A special license plate issued under this section may be renewed annually or replaced under the procedures set out in § 27-24-1405 . (2) However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the commission. Amended by Act 2019, No. 910,§ 4797, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4796, eff. 7/1/2019. Added by Act 2013, No. 1350,§ 1, eff. 1/1/2014.

(a) (1) The Secretary of the Department of Finance and Administration shall issue a special license plate in honor of Dr. Martin Luther King, Jr. in the manner and subject to the conditions provided for under this subchapter. (2) The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.

(1) The Secretary of the Department of Finance and Administration shall issue a special license plate in honor of Dr. Martin Luther King, Jr. in the manner and subject to the conditions provided for under this subchapter.

(2) The procedures concerning costs for issuance under § 27-24-1404(c)(1)(A) shall apply.

(b) The special Dr. Martin Luther King, Jr. motor vehicle license plate shall be: (1) (A) Designed by the Martin Luther King, Jr. Commission. (B) The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and (2) Numbered consecutively.

(1) (A) Designed by the Martin Luther King, Jr. Commission. (B) The design shall be submitted for design approval by the secretary under rules promulgated by the secretary; and

(A) Designed by the Martin Luther King, Jr. Commission.

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

(2) Numbered consecutively.

(c) The Department of Finance and Administration shall issue a special license plate under this section upon payment of: (1) The fee required by law for registration of the motor vehicle; (2) (A) Fifty dollars ($50.00) to cover the design-use contribution. (B) The design-use contribution shall be remitted monthly to the commission to be used for commission purposes; and (3) (A) A handling and administrative fee of ten dollars ($10.00). (B) The handling and administrative fee shall be: (i) Deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and (ii) Credited to the division as supplemental and in addition to all other funds that may be deposited for the benefit of the division. (C) The handling and administrative fee shall not be considered or credited to the division as direct revenue.

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

(2) (A) Fifty dollars ($50.00) to cover the design-use contribution. (B) The design-use contribution shall be remitted monthly to the commission to be used for commission purposes; and

(A) Fifty dollars ($50.00) to cover the design-use contribution.

(B) The design-use contribution shall be remitted monthly to the commission to be used for commission purposes; and

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

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

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

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

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

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

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

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

(2) However, the division shall remit the fees collected under § 27-24-1405(b)(2) on a monthly basis to the commission.

Amended by Act 2019, No. 910,§ 4797, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4796, eff. 7/1/2019.

Added by Act 2013, No. 1350,§ 1, eff. 1/1/2014.
Ark. Code Ann. § 27-66-402 — AR Code / Title 27 / Chapter 66 / Subchapter 4 / Section 27-66-402
Duty of viewers
Status: in_force

(a) Viewers shall take the same oath and shall be governed in all respects as viewers appointed to public roads are governed under this act. (b) They shall examine the route proposed for the road and any other route which they may deem proper. (c) If a majority of the viewers state under oath that an access easement is necessary and proper as prayed in the petition, the viewers shall lay out and describe the access easement in a manner that produces the least inconvenience, damage, and devaluation of the property to the adjoining owners. (d) (1) (A) The viewers shall make a written report under oath to the county court, describing the route of the road and the land through which it shall pass to allow location and identification of the access easement by land records, naming the owner, if known, and by decision of a majority of the viewers the damages sustained by each owner of lands through which the road passes. The damages shall include the value of each owner's land sought to be appropriated. (B) (i) The parties shall stipulate to or dispute the report of the viewers. (ii) Each party shall be given at least ten (10) business days to respond in writing to the viewers' report. (2) The measure of damages shall be the difference in the fair market value of the lands immediately before the access easement is ordered and the fair market value of the lands after the access easement is ordered. (e) The report shall be filed with the county clerk for the records of the county court. (f) (1) A person who renders services under this subchapter as a viewer or reviewer, chain carrier, marker, or surveyor shall be paid reasonable costs and expenses based upon the current market rate for each day necessarily employed. (2) Payments are to be charged as costs and expenses against the funds deposited by the petitioner. (3) The amount due each person and the number of days employed shall be certified under oath by the viewers. (4) The court by order may direct the county clerk to receipt payment by the petitioner of the directed sum into the registry of the court and to issue payment. Amended by Act 2013, No. 1083,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 1083,§ 3, eff. 8/16/2013. Acts 1871, No. 26, § 60, p. 56; C. & M. Dig., § 5250; Pope's Dig., § 6976; A.S.A. 1947, § 76-110; Acts 2009, No. 747, § 1.

(a) Viewers shall take the same oath and shall be governed in all respects as viewers appointed to public roads are governed under this act.

(b) They shall examine the route proposed for the road and any other route which they may deem proper.

(c) If a majority of the viewers state under oath that an access easement is necessary and proper as prayed in the petition, the viewers shall lay out and describe the access easement in a manner that produces the least inconvenience, damage, and devaluation of the property to the adjoining owners.

(d) (1) (A) The viewers shall make a written report under oath to the county court, describing the route of the road and the land through which it shall pass to allow location and identification of the access easement by land records, naming the owner, if known, and by decision of a majority of the viewers the damages sustained by each owner of lands through which the road passes. The damages shall include the value of each owner's land sought to be appropriated. (B) (i) The parties shall stipulate to or dispute the report of the viewers. (ii) Each party shall be given at least ten (10) business days to respond in writing to the viewers' report. (2) The measure of damages shall be the difference in the fair market value of the lands immediately before the access easement is ordered and the fair market value of the lands after the access easement is ordered.

(1) (A) The viewers shall make a written report under oath to the county court, describing the route of the road and the land through which it shall pass to allow location and identification of the access easement by land records, naming the owner, if known, and by decision of a majority of the viewers the damages sustained by each owner of lands through which the road passes. The damages shall include the value of each owner's land sought to be appropriated. (B) (i) The parties shall stipulate to or dispute the report of the viewers. (ii) Each party shall be given at least ten (10) business days to respond in writing to the viewers' report.

(A) The viewers shall make a written report under oath to the county court, describing the route of the road and the land through which it shall pass to allow location and identification of the access easement by land records, naming the owner, if known, and by decision of a majority of the viewers the damages sustained by each owner of lands through which the road passes. The damages shall include the value of each owner's land sought to be appropriated.

(B) (i) The parties shall stipulate to or dispute the report of the viewers. (ii) Each party shall be given at least ten (10) business days to respond in writing to the viewers' report.

(i) The parties shall stipulate to or dispute the report of the viewers.

(ii) Each party shall be given at least ten (10) business days to respond in writing to the viewers' report.

(2) The measure of damages shall be the difference in the fair market value of the lands immediately before the access easement is ordered and the fair market value of the lands after the access easement is ordered.

(e) The report shall be filed with the county clerk for the records of the county court.

(f) (1) A person who renders services under this subchapter as a viewer or reviewer, chain carrier, marker, or surveyor shall be paid reasonable costs and expenses based upon the current market rate for each day necessarily employed. (2) Payments are to be charged as costs and expenses against the funds deposited by the petitioner. (3) The amount due each person and the number of days employed shall be certified under oath by the viewers. (4) The court by order may direct the county clerk to receipt payment by the petitioner of the directed sum into the registry of the court and to issue payment.

(1) A person who renders services under this subchapter as a viewer or reviewer, chain carrier, marker, or surveyor shall be paid reasonable costs and expenses based upon the current market rate for each day necessarily employed.

(2) Payments are to be charged as costs and expenses against the funds deposited by the petitioner.

(3) The amount due each person and the number of days employed shall be certified under oath by the viewers.

(4) The court by order may direct the county clerk to receipt payment by the petitioner of the directed sum into the registry of the court and to issue payment.

Amended by Act 2013, No. 1083,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 1083,§ 3, eff. 8/16/2013.

Acts 1871, No. 26, § 60, p. 56; C. & M. Dig., § 5250; Pope's Dig., § 6976; A.S.A. 1947, § 76-110; Acts 2009, No. 747, § 1.
Ark. Code Ann. § 27-88-113 — AR Code / Title 27 / Chapter 88 / Section 27-88-113
Tax exemption
Status: in_force

The bonds issued under this chapter shall be exempt from the state income taxes. Acts 1953, No. 104, § 6; 1957, No. 15, § 3; A.S.A. 1947, § 76-622.

The bonds issued under this chapter shall be exempt from the state income taxes.

Acts 1953, No. 104, § 6; 1957, No. 15, § 3; A.S.A. 1947, § 76-622.
Ark. Code Ann. § 27-24-1312 — AR Code / Title 27 / Chapter 24 / Subchapter 13 / Section 27-24-1312
Cold War veterans
Status: in_force

(a) The Department of Finance and Administration shall create for issuance a special license plate that bears a decal that states "Cold War Veteran" to be issued to an eligible applicant as provided under this subchapter. (b) (1) The department shall design the special license plate that bears the decal issued under this section. (2) In lieu of the legend, "The Natural State" or any succeeding legend, there shall be placed across the bottom of the license plate a permanent decal bearing the words "Cold War Veteran". (c) (1) A Cold War veteran may apply for and annually renew a special license plate issued under this section. (2) The fee for the initial application for a special license plate under this section is the fee required by law for the registration and licensing of the motor vehicle. (3) The fee for the renewal of a special license plate under this section is the fee required by law for the registration and licensing of the motor vehicle. (4) The replacement fee for a special license plate issued under this section is five dollars ($5.00). (d) Upon the initial application of a special license plate issued under this section, the Cold War veteran shall provide adequate proof to the department that he or she is a Cold War veteran. (e) The registration of a special license plate under this section may: (1) Continue from year to year as long as it is renewed each year within the time and manner required by law; and (2) Be renewed as provided under §§ 27-14-1012 and 27-14-1013 . (f) As long as the fee for the special license plate issued under this section is the fee required by law for the registration and licensing of the motor vehicle and not that for a nominal fee military service and veteran plate under § 27-24-201 et seq., a Cold War veteran may obtain multiple license plates, not to exceed the number of vehicles that he or she owns. Acts 2009, No. 651, § 3; 2011, No. 986, § 2.

(a) The Department of Finance and Administration shall create for issuance a special license plate that bears a decal that states "Cold War Veteran" to be issued to an eligible applicant as provided under this subchapter.

(b) (1) The department shall design the special license plate that bears the decal issued under this section. (2) In lieu of the legend, "The Natural State" or any succeeding legend, there shall be placed across the bottom of the license plate a permanent decal bearing the words "Cold War Veteran".

(1) The department shall design the special license plate that bears the decal issued under this section.

(2) In lieu of the legend, "The Natural State" or any succeeding legend, there shall be placed across the bottom of the license plate a permanent decal bearing the words "Cold War Veteran".

(c) (1) A Cold War veteran may apply for and annually renew a special license plate issued under this section. (2) The fee for the initial application for a special license plate under this section is the fee required by law for the registration and licensing of the motor vehicle. (3) The fee for the renewal of a special license plate under this section is the fee required by law for the registration and licensing of the motor vehicle. (4) The replacement fee for a special license plate issued under this section is five dollars ($5.00).

(1) A Cold War veteran may apply for and annually renew a special license plate issued under this section.

(2) The fee for the initial application for a special license plate under this section is the fee required by law for the registration and licensing of the motor vehicle.

(3) The fee for the renewal of a special license plate under this section is the fee required by law for the registration and licensing of the motor vehicle.

(4) The replacement fee for a special license plate issued under this section is five dollars ($5.00).

(d) Upon the initial application of a special license plate issued under this section, the Cold War veteran shall provide adequate proof to the department that he or she is a Cold War veteran.

(e) The registration of a special license plate under this section may: (1) Continue from year to year as long as it is renewed each year within the time and manner required by law; and (2) Be renewed as provided under §§ 27-14-1012 and 27-14-1013 .

(1) Continue from year to year as long as it is renewed each year within the time and manner required by law; and

(2) Be renewed as provided under §§ 27-14-1012 and 27-14-1013 .

(f) As long as the fee for the special license plate issued under this section is the fee required by law for the registration and licensing of the motor vehicle and not that for a nominal fee military service and veteran plate under § 27-24-201 et seq., a Cold War veteran may obtain multiple license plates, not to exceed the number of vehicles that he or she owns.

Acts 2009, No. 651, § 3; 2011, No. 986, § 2.
Ark. Code Ann. § 27-19-405 — AR Code / Title 27 / Chapter 19 / Subchapter 4 / Section 27-19-405
Requests of persons aggrieved
Status: in_force

The Secretary of the Department of Finance and Administration shall receive and consider any pertinent information upon request of persons aggrieved by his or her orders or acts under any of the provisions of this chapter. Amended by Act 2019, No. 910,§ 4689, eff. 7/1/2019. Acts 1953, No. 347, § 15; 1973, No. 46, § 1; A.S.A. 1947, § 75-1415.

The Secretary of the Department of Finance and Administration shall receive and consider any pertinent information upon request of persons aggrieved by his or her orders or acts under any of the provisions of this chapter.

Amended by Act 2019, No. 910,§ 4689, eff. 7/1/2019.

Acts 1953, No. 347, § 15; 1973, No. 46, § 1; A.S.A. 1947, § 75-1415.
Ark. Code Ann. § 27-50-302 — AR Code / Title 27 / Chapter 50 / Subchapter 3 / Section 27-50-302
Classification of traffic violations
Status: in_force

The following traffic law violations shall be known as offenses and classified as indicated: (1) Except as provided in § 27-50-309(b)(2) , the first offense of racing on a public highway - Class A misdemeanor; (2) Reckless driving - Class B misdemeanor; (3) Driving with lights off to avoid detection, identification, or apprehension - Class B misdemeanor; (4) Hazardous driving - Class C misdemeanor; (5) Leaving the scene of an accident involving property damage only - Class C misdemeanor; (6) Driving the wrong way on a one-way street - Class C misdemeanor; (7) Speeding in excess of fifteen miles per hour (15 m.p.h.) over the posted speed limit - Class C misdemeanor; (8) Using nitrous oxide in a motor vehicle or motorcycle on a street or highway as prohibited under § 27-37-803 - Class C misdemeanor; (9) Observing a drag race as a spectator on a public highway - Class B misdemeanor; and (10) More than three (3) violations in a twelve-month period - Class C misdemeanor. Amended by Act 2021, No. 1061,§ 1, eff. 7/28/2021. Acts 1977, No. 417, § 3; 1981, No. 918, § 2; 1983, No. 549, § 18; 1985, No. 1078, § 2; A.S.A. 1947, § 75-1055; Acts 2005, No. 1568, § 2; 2009, No. 826, § 1.

The following traffic law violations shall be known as offenses and classified as indicated:

(1) Except as provided in § 27-50-309(b)(2) , the first offense of racing on a public highway - Class A misdemeanor;

(2) Reckless driving - Class B misdemeanor;

(3) Driving with lights off to avoid detection, identification, or apprehension - Class B misdemeanor;

(4) Hazardous driving - Class C misdemeanor;

(5) Leaving the scene of an accident involving property damage only - Class C misdemeanor;

(6) Driving the wrong way on a one-way street - Class C misdemeanor;

(7) Speeding in excess of fifteen miles per hour (15 m.p.h.) over the posted speed limit - Class C misdemeanor;

(8) Using nitrous oxide in a motor vehicle or motorcycle on a street or highway as prohibited under § 27-37-803 - Class C misdemeanor;

(9) Observing a drag race as a spectator on a public highway - Class B misdemeanor; and

(10) More than three (3) violations in a twelve-month period - Class C misdemeanor.

Amended by Act 2021, No. 1061,§ 1, eff. 7/28/2021.

Acts 1977, No. 417, § 3; 1981, No. 918, § 2; 1983, No. 549, § 18; 1985, No. 1078, § 2; A.S.A. 1947, § 75-1055; Acts 2005, No. 1568, § 2; 2009, No. 826, § 1.
Ark. Code Ann. § 27-23-107 — AR Code / Title 27 / Chapter 23 / Subchapter 1 / Section 27-23-107
Commercial driver license required
Status: in_force

(a) (1) A person shall not operate a commercial motor vehicle unless the person has taken and passed written and driving tests for a commercial learner's permit or a commercial driver license that meet the federal vehicle groups and endorsements, required knowledge and skills, and testing standard, as required by this chapter, for the commercial motor vehicle that person operates or expects to operate. (2) If a person possesses a commercial learner's permit, the person is authorized to operate a class of commercial motor vehicle if: (A) The commercial learner's permit holder is at all times accompanied by the holder of a valid commercial driver license who has the proper commercial driver license group and endorsement or endorsements necessary to operate the commercial motor vehicle; (B) The commercial driver license holder is at all times physically present in the front seat of the vehicle next to the commercial learner's permit holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and has the commercial learner's permit holder under observation and direct supervision; (C) The commercial learner's permit holder holds a valid driver's license issued by the same jurisdiction that issued the commercial learner's permit; (D) The commercial learner's permit holder has taken and passed a general knowledge test that meets the federal vehicle groups and endorsements, required knowledge and skills, and testing standards, as required by this chapter, for the commercial motor vehicle that the person operates or expects to operate; and (E) The commercial learner's permit holder is eighteen (18) years of age or older. (b) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or cancelled, while subject to a disqualification, or in violation of an out-of-service order. (c) Any person who violates any provisions of this section shall be cited for such violations and if found guilty shall be deemed to have committed a Class C misdemeanor. Amended by Act 2013, No. 758,§ 12, eff. 7/8/2014. Acts 1989, No. 241, § 7.

(a) (1) A person shall not operate a commercial motor vehicle unless the person has taken and passed written and driving tests for a commercial learner's permit or a commercial driver license that meet the federal vehicle groups and endorsements, required knowledge and skills, and testing standard, as required by this chapter, for the commercial motor vehicle that person operates or expects to operate. (2) If a person possesses a commercial learner's permit, the person is authorized to operate a class of commercial motor vehicle if: (A) The commercial learner's permit holder is at all times accompanied by the holder of a valid commercial driver license who has the proper commercial driver license group and endorsement or endorsements necessary to operate the commercial motor vehicle; (B) The commercial driver license holder is at all times physically present in the front seat of the vehicle next to the commercial learner's permit holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and has the commercial learner's permit holder under observation and direct supervision; (C) The commercial learner's permit holder holds a valid driver's license issued by the same jurisdiction that issued the commercial learner's permit; (D) The commercial learner's permit holder has taken and passed a general knowledge test that meets the federal vehicle groups and endorsements, required knowledge and skills, and testing standards, as required by this chapter, for the commercial motor vehicle that the person operates or expects to operate; and (E) The commercial learner's permit holder is eighteen (18) years of age or older.

(1) A person shall not operate a commercial motor vehicle unless the person has taken and passed written and driving tests for a commercial learner's permit or a commercial driver license that meet the federal vehicle groups and endorsements, required knowledge and skills, and testing standard, as required by this chapter, for the commercial motor vehicle that person operates or expects to operate.

(2) If a person possesses a commercial learner's permit, the person is authorized to operate a class of commercial motor vehicle if: (A) The commercial learner's permit holder is at all times accompanied by the holder of a valid commercial driver license who has the proper commercial driver license group and endorsement or endorsements necessary to operate the commercial motor vehicle; (B) The commercial driver license holder is at all times physically present in the front seat of the vehicle next to the commercial learner's permit holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and has the commercial learner's permit holder under observation and direct supervision; (C) The commercial learner's permit holder holds a valid driver's license issued by the same jurisdiction that issued the commercial learner's permit; (D) The commercial learner's permit holder has taken and passed a general knowledge test that meets the federal vehicle groups and endorsements, required knowledge and skills, and testing standards, as required by this chapter, for the commercial motor vehicle that the person operates or expects to operate; and (E) The commercial learner's permit holder is eighteen (18) years of age or older.

(A) The commercial learner's permit holder is at all times accompanied by the holder of a valid commercial driver license who has the proper commercial driver license group and endorsement or endorsements necessary to operate the commercial motor vehicle;

(B) The commercial driver license holder is at all times physically present in the front seat of the vehicle next to the commercial learner's permit holder or, in the case of a passenger vehicle, directly behind or in the first row behind the driver and has the commercial learner's permit holder under observation and direct supervision;

(C) The commercial learner's permit holder holds a valid driver's license issued by the same jurisdiction that issued the commercial learner's permit;

(D) The commercial learner's permit holder has taken and passed a general knowledge test that meets the federal vehicle groups and endorsements, required knowledge and skills, and testing standards, as required by this chapter, for the commercial motor vehicle that the person operates or expects to operate; and

(E) The commercial learner's permit holder is eighteen (18) years of age or older.

(b) No person may drive a commercial motor vehicle while his or her driving privilege is suspended, revoked, or cancelled, while subject to a disqualification, or in violation of an out-of-service order.

(c) Any person who violates any provisions of this section shall be cited for such violations and if found guilty shall be deemed to have committed a Class C misdemeanor.

Amended by Act 2013, No. 758,§ 12, eff. 7/8/2014.

Acts 1989, No. 241, § 7.
Ark. Code Ann. § 27-101-1013 — AR Code / Title 27 / Chapter 101 / Subchapter 10 / Section 27-101-1013
Certificate of title with beneficiary - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Beneficiary" means one (1) person designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of title issued under this chapter. (B) "Beneficiary" does not include a business, firm, partnership, corporation, association, or any other legally created entity; (2) "Certificate of title with beneficiary" means a certificate of title for a motorboat issued under this subchapter that indicates the present owner of the motorboat and designates a beneficiary as provided under this section; and (3) (A) "Owner" means a person who holds legal title to a motorboat and may include more than one (1) person but not more than three (3) people. (B) "Owner" does not include a business, firm, partnership, corporation, association, or any other legally created entity. (b) (1) The owner or joint owners of a motorboat may submit a transfer-on-death application to the Office of Motor Vehicle to request the issuance of a certificate of title with beneficiary or a change to a certificate of title with beneficiary which directs the Office of Motor Vehicle to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to the beneficiary named on the certificate of title with beneficiary. (2) A transfer-on-death application shall contain: (A) A statement as to whether the applicant seeks to add, remove, or change a beneficiary; (B) The full legal name of the beneficiary; (C) The Social Security number of the beneficiary; (D) The address of the beneficiary; (E) The hull identification number of the motorboat and, where applicable, the engine or motor serial number; (F) The year, make, model, and body type of the motorboat; (G) The printed full legal name of the owner of the motorboat; (H) The driver's license or identification card number for the owner of the motorboat; and (I) The signature of the owner of the motorboat. (3) The applicant shall include the following with the transfer-on-death application: (A) The certificate of title for the motorboat issued under this chapter; (B) A certificate of title fee in the amount of two dollars ($2.00); (C) The certificate of title application fee in the amount of eight dollars ($8.00); and (D) The certificate of title with beneficiary processing fee in the amount of ten dollars ($10.00). (4) The proceeds collected under subdivision (b)(3)(C) of this section shall be distributed as set out in § 27-101-1004(d) . (5) (A) The certificate of title with beneficiary processing fee remitted under subdivision (b)(3)(D) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration. (B) The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division. (C) The fee shall not be considered or credited to the Office of Motor Vehicle as direct revenue. (c) (1) The Office of Motor Vehicle shall not issue a certificate of title with beneficiary to an owner of a motorboat if: (A) The motorboat is encumbered by a lien; or (B) The owner holds his or her interest in the motorboat as a tenant in common with another person. (2) If a lien request is made for a certificate of title with beneficiary, the beneficiary shall be removed and the lien added upon payment of all fees required under this chapter. (d) The certificate of title with beneficiary issued by the Office of Motor Vehicle shall include after the name of the owner the words "transfer on death to" or the abbreviation "TOD" followed by the name of the beneficiary. (e) During the lifetime of the owner or before the death of the last surviving joint owner: (1) The signature or consent of the beneficiary is not required for any transaction relating to the motorboat for which a certificate of title with beneficiary has been issued; and (2) The certificate of title with beneficiary is revoked by: (A) Selling the motorboat with proper assignment and delivery of the certificate of title to another person; or (B) Filing an application with the Office of Motor Vehicle to remove or change a beneficiary as provided under subsection (b) of this section. (f) Except as provided in subsection (e) of this section, the designation of the beneficiary in a certificate of title with beneficiary shall not be changed or revoked absent receipt of a court order requiring a change in the designation of beneficiary. (g) The interest of the beneficiary in a motorboat on the death of the owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment, or security interest to which the owner of the motorboat was subject to during his or her lifetime. (h) (1) (A) Upon the death of the owner, the Office of Motor Vehicle shall issue a new certificate of title for the motorboat to the surviving owner or, if there is no surviving owner, to the beneficiary if the surviving owner or beneficiary presents the following: (i) Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state; (ii) Surrender of the outstanding certificate of title with beneficiary; and (iii) An application and payment of all fees required under this chapter. (B) A certificate of title issued under this subsection is subject to any existing security interest. (2) If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of title with beneficiary application as provided under this section, which shall be accompanied by all required fees, at the time of the application for a new certificate of title. (3) (A) The transfer under this subsection is a transfer by operation of law, and § 27-101-1022 applies to the extent practicable and not in conflict with this section. (B) The transfer of a motorboat upon the death of the owner under this section is not testamentary and is not subject to administration under the Probate Code. (i) The procedures and fees under §§ 27-101-1004 and 27-101-1029 shall apply for obtaining a duplicate certificate of title with beneficiary. Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.

(a) As used in this section: (1) (A) "Beneficiary" means one (1) person designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of title issued under this chapter. (B) "Beneficiary" does not include a business, firm, partnership, corporation, association, or any other legally created entity; (2) "Certificate of title with beneficiary" means a certificate of title for a motorboat issued under this subchapter that indicates the present owner of the motorboat and designates a beneficiary as provided under this section; and (3) (A) "Owner" means a person who holds legal title to a motorboat and may include more than one (1) person but not more than three (3) people. (B) "Owner" does not include a business, firm, partnership, corporation, association, or any other legally created entity.

(1) (A) "Beneficiary" means one (1) person designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of title issued under this chapter. (B) "Beneficiary" does not include a business, firm, partnership, corporation, association, or any other legally created entity;

(A) "Beneficiary" means one (1) person designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of title issued under this chapter.

(B) "Beneficiary" does not include a business, firm, partnership, corporation, association, or any other legally created entity;

(2) "Certificate of title with beneficiary" means a certificate of title for a motorboat issued under this subchapter that indicates the present owner of the motorboat and designates a beneficiary as provided under this section; and

(3) (A) "Owner" means a person who holds legal title to a motorboat and may include more than one (1) person but not more than three (3) people. (B) "Owner" does not include a business, firm, partnership, corporation, association, or any other legally created entity.

(A) "Owner" means a person who holds legal title to a motorboat and may include more than one (1) person but not more than three (3) people.

(B) "Owner" does not include a business, firm, partnership, corporation, association, or any other legally created entity.

(b) (1) The owner or joint owners of a motorboat may submit a transfer-on-death application to the Office of Motor Vehicle to request the issuance of a certificate of title with beneficiary or a change to a certificate of title with beneficiary which directs the Office of Motor Vehicle to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to the beneficiary named on the certificate of title with beneficiary. (2) A transfer-on-death application shall contain: (A) A statement as to whether the applicant seeks to add, remove, or change a beneficiary; (B) The full legal name of the beneficiary; (C) The Social Security number of the beneficiary; (D) The address of the beneficiary; (E) The hull identification number of the motorboat and, where applicable, the engine or motor serial number; (F) The year, make, model, and body type of the motorboat; (G) The printed full legal name of the owner of the motorboat; (H) The driver's license or identification card number for the owner of the motorboat; and (I) The signature of the owner of the motorboat. (3) The applicant shall include the following with the transfer-on-death application: (A) The certificate of title for the motorboat issued under this chapter; (B) A certificate of title fee in the amount of two dollars ($2.00); (C) The certificate of title application fee in the amount of eight dollars ($8.00); and (D) The certificate of title with beneficiary processing fee in the amount of ten dollars ($10.00). (4) The proceeds collected under subdivision (b)(3)(C) of this section shall be distributed as set out in § 27-101-1004(d) . (5) (A) The certificate of title with beneficiary processing fee remitted under subdivision (b)(3)(D) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration. (B) The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division. (C) The fee shall not be considered or credited to the Office of Motor Vehicle as direct revenue.

(1) The owner or joint owners of a motorboat may submit a transfer-on-death application to the Office of Motor Vehicle to request the issuance of a certificate of title with beneficiary or a change to a certificate of title with beneficiary which directs the Office of Motor Vehicle to transfer the certificate of title upon the death of the owner or upon the death of all joint owners to the beneficiary named on the certificate of title with beneficiary.

(2) A transfer-on-death application shall contain: (A) A statement as to whether the applicant seeks to add, remove, or change a beneficiary; (B) The full legal name of the beneficiary; (C) The Social Security number of the beneficiary; (D) The address of the beneficiary; (E) The hull identification number of the motorboat and, where applicable, the engine or motor serial number; (F) The year, make, model, and body type of the motorboat; (G) The printed full legal name of the owner of the motorboat; (H) The driver's license or identification card number for the owner of the motorboat; and (I) The signature of the owner of the motorboat.

(A) A statement as to whether the applicant seeks to add, remove, or change a beneficiary;

(B) The full legal name of the beneficiary;

(C) The Social Security number of the beneficiary;

(D) The address of the beneficiary;

(E) The hull identification number of the motorboat and, where applicable, the engine or motor serial number;

(F) The year, make, model, and body type of the motorboat;

(G) The printed full legal name of the owner of the motorboat;

(H) The driver's license or identification card number for the owner of the motorboat; and

(I) The signature of the owner of the motorboat.

(3) The applicant shall include the following with the transfer-on-death application: (A) The certificate of title for the motorboat issued under this chapter; (B) A certificate of title fee in the amount of two dollars ($2.00); (C) The certificate of title application fee in the amount of eight dollars ($8.00); and (D) The certificate of title with beneficiary processing fee in the amount of ten dollars ($10.00).

(A) The certificate of title for the motorboat issued under this chapter;

(B) A certificate of title fee in the amount of two dollars ($2.00);

(C) The certificate of title application fee in the amount of eight dollars ($8.00); and

(D) The certificate of title with beneficiary processing fee in the amount of ten dollars ($10.00).

(4) The proceeds collected under subdivision (b)(3)(C) of this section shall be distributed as set out in § 27-101-1004(d) .

(5) (A) The certificate of title with beneficiary processing fee remitted under subdivision (b)(3)(D) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration. (B) The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division. (C) The fee shall not be considered or credited to the Office of Motor Vehicle as direct revenue.

(A) The certificate of title with beneficiary processing fee remitted under subdivision (b)(3)(D) of this section shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.

(B) The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.

(C) The fee shall not be considered or credited to the Office of Motor Vehicle as direct revenue.

(c) (1) The Office of Motor Vehicle shall not issue a certificate of title with beneficiary to an owner of a motorboat if: (A) The motorboat is encumbered by a lien; or (B) The owner holds his or her interest in the motorboat as a tenant in common with another person. (2) If a lien request is made for a certificate of title with beneficiary, the beneficiary shall be removed and the lien added upon payment of all fees required under this chapter.

(1) The Office of Motor Vehicle shall not issue a certificate of title with beneficiary to an owner of a motorboat if: (A) The motorboat is encumbered by a lien; or (B) The owner holds his or her interest in the motorboat as a tenant in common with another person.

(A) The motorboat is encumbered by a lien; or

(B) The owner holds his or her interest in the motorboat as a tenant in common with another person.

(2) If a lien request is made for a certificate of title with beneficiary, the beneficiary shall be removed and the lien added upon payment of all fees required under this chapter.

(d) The certificate of title with beneficiary issued by the Office of Motor Vehicle shall include after the name of the owner the words "transfer on death to" or the abbreviation "TOD" followed by the name of the beneficiary.

(e) During the lifetime of the owner or before the death of the last surviving joint owner: (1) The signature or consent of the beneficiary is not required for any transaction relating to the motorboat for which a certificate of title with beneficiary has been issued; and (2) The certificate of title with beneficiary is revoked by: (A) Selling the motorboat with proper assignment and delivery of the certificate of title to another person; or (B) Filing an application with the Office of Motor Vehicle to remove or change a beneficiary as provided under subsection (b) of this section.

(1) The signature or consent of the beneficiary is not required for any transaction relating to the motorboat for which a certificate of title with beneficiary has been issued; and

(2) The certificate of title with beneficiary is revoked by: (A) Selling the motorboat with proper assignment and delivery of the certificate of title to another person; or (B) Filing an application with the Office of Motor Vehicle to remove or change a beneficiary as provided under subsection (b) of this section.

(A) Selling the motorboat with proper assignment and delivery of the certificate of title to another person; or

(B) Filing an application with the Office of Motor Vehicle to remove or change a beneficiary as provided under subsection (b) of this section.

(f) Except as provided in subsection (e) of this section, the designation of the beneficiary in a certificate of title with beneficiary shall not be changed or revoked absent receipt of a court order requiring a change in the designation of beneficiary.

(g) The interest of the beneficiary in a motorboat on the death of the owner or on the death of the last surviving joint owner is subject to any contract of sale, assignment, or security interest to which the owner of the motorboat was subject to during his or her lifetime.

(h) (1) (A) Upon the death of the owner, the Office of Motor Vehicle shall issue a new certificate of title for the motorboat to the surviving owner or, if there is no surviving owner, to the beneficiary if the surviving owner or beneficiary presents the following: (i) Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state; (ii) Surrender of the outstanding certificate of title with beneficiary; and (iii) An application and payment of all fees required under this chapter. (B) A certificate of title issued under this subsection is subject to any existing security interest. (2) If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of title with beneficiary application as provided under this section, which shall be accompanied by all required fees, at the time of the application for a new certificate of title. (3) (A) The transfer under this subsection is a transfer by operation of law, and § 27-101-1022 applies to the extent practicable and not in conflict with this section. (B) The transfer of a motorboat upon the death of the owner under this section is not testamentary and is not subject to administration under the Probate Code.

(1) (A) Upon the death of the owner, the Office of Motor Vehicle shall issue a new certificate of title for the motorboat to the surviving owner or, if there is no surviving owner, to the beneficiary if the surviving owner or beneficiary presents the following: (i) Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state; (ii) Surrender of the outstanding certificate of title with beneficiary; and (iii) An application and payment of all fees required under this chapter. (B) A certificate of title issued under this subsection is subject to any existing security interest.

(A) Upon the death of the owner, the Office of Motor Vehicle shall issue a new certificate of title for the motorboat to the surviving owner or, if there is no surviving owner, to the beneficiary if the surviving owner or beneficiary presents the following: (i) Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state; (ii) Surrender of the outstanding certificate of title with beneficiary; and (iii) An application and payment of all fees required under this chapter.

(i) Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state;

(ii) Surrender of the outstanding certificate of title with beneficiary; and

(iii) An application and payment of all fees required under this chapter.

(B) A certificate of title issued under this subsection is subject to any existing security interest.

(2) If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of title with beneficiary application as provided under this section, which shall be accompanied by all required fees, at the time of the application for a new certificate of title.

(3) (A) The transfer under this subsection is a transfer by operation of law, and § 27-101-1022 applies to the extent practicable and not in conflict with this section. (B) The transfer of a motorboat upon the death of the owner under this section is not testamentary and is not subject to administration under the Probate Code.

(A) The transfer under this subsection is a transfer by operation of law, and § 27-101-1022 applies to the extent practicable and not in conflict with this section.

(B) The transfer of a motorboat upon the death of the owner under this section is not testamentary and is not subject to administration under the Probate Code.

(i) The procedures and fees under §§ 27-101-1004 and 27-101-1029 shall apply for obtaining a duplicate certificate of title with beneficiary.

Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.