Ark. Code Ann. § 27-24-1404 — AR Code / Title 27 / Chapter 24 / Subchapter 14 / Section 27-24-1404
Application process for additional special interest license plate decals
Status: in_force

(a) A special interest organization may apply to the Secretary of the Department of Finance and Administration for the creation and issuance of a special license plate that bears a decal for the special interest group under this section beginning on July 1, 2006, and ending on November 1, 2006, and on the same dates each year thereafter. (b) (1) An application submitted under this section shall include the following: (A) A proposed design of the special license plate decal that complies with § 27-24-105(c) and related rules; (B) Documentation to support that the organization is a state agency or a nonprofit organization that has been approved for tax exempt status under Section 501(c)(3) of the Internal Revenue Code as in effect on January 1, 2005; (C) The organization's financial plan for the use of the proceeds from the special license plate decal; and (D) An affidavit signed by an official of the organization that states that the proceeds from the special license plate decal will be used according to the financial plan submitted with the application. (2) The secretary shall either approve or deny each application submitted during the fiscal year by July 1 of the following fiscal year. (c) (1) (A) If the request is approved, the secretary shall determine: (i) The fee for the cost of creating a special license plate, including without limitation the cost of: (a) The initial order of a special license plate created under this subchapter; (b) Creating a new design for a special license plate and any subsequent revisions to the design; (c) The computer programming and testing required to add a special license plate to the Department of Finance and Administration's computer system; (d) Maintaining the computer system required under subdivision (c)(1)(A)(i) (c) of this section; and (e) Shipping and distributing a special license plate created under this subchapter to all revenue offices in the state; (ii) The number of applications that must be received to cover the costs provided in subdivision (c)(1)(A)(i) of this section; or (iii) The combination of subdivisions (c)(1)(A)(i) and (ii) of this section that must be received by the department for the creation of a special license plate. (B) (i) The fee remitted under subdivision (c)(1)(A) 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. (ii) The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division. (iii) The fee shall not be considered or credited to the division as direct revenue. (C) The fee required under subdivision (c)(1)(A) of this section does not apply to a special license plate in existence before January 1, 2019. (2) If the secretary denies the application, then: (A) The secretary shall give the applicant written notice of the reasons for the denial; and (B) The applicant may proceed as provided under § 27-24-106 . (d) (1) An organization that applies for the issuance of a special license plate under this section may establish a fee not to exceed twenty-five dollars ($25.00) for the design-use contribution or for fundraising purposes for the issuance and renewal of a special license plate. (2) If an organization establishes a fee for the design-use contribution or fundraising purposes under this subsection, then the organization shall provide: (A) Its financial plan for the use of the proceeds from the special license plate; and (B) An affidavit signed by an official of the organization that states that the proceeds from the special license plate will be used according to the financial plan submitted with the application. (e) An organization's application for a special license plate under this section shall establish the organization's compliance with the following conditions: (1) The organization is a state agency or a nonprofit organization that has been approved for tax exempt status under the Internal Revenue Code, 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2005; (2) The organization is based, headquartered, or has a chapter in Arkansas; (3) The purpose of the organization is for social, civic, entertainment, or other purposes; (4) The name of the organization is not the name of a special product or a brand name; (5) The name of the organization is not interpreted by the department as promoting a special product or a brand name; (6) The organization is not a political party; (7) The organization was not created primarily to promote a specific political belief; and (8) The organization shall not have as its primary purpose the promotion of any specific religion, faith, or anti-religion. Amended by Act 2019, No. 287,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4775, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4774, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4773, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4772, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4771, eff. 7/1/2019. Acts 2005, No. 2202, § 1.

(a) A special interest organization may apply to the Secretary of the Department of Finance and Administration for the creation and issuance of a special license plate that bears a decal for the special interest group under this section beginning on July 1, 2006, and ending on November 1, 2006, and on the same dates each year thereafter.

(b) (1) An application submitted under this section shall include the following: (A) A proposed design of the special license plate decal that complies with § 27-24-105(c) and related rules; (B) Documentation to support that the organization is a state agency or a nonprofit organization that has been approved for tax exempt status under Section 501(c)(3) of the Internal Revenue Code as in effect on January 1, 2005; (C) The organization's financial plan for the use of the proceeds from the special license plate decal; and (D) An affidavit signed by an official of the organization that states that the proceeds from the special license plate decal will be used according to the financial plan submitted with the application. (2) The secretary shall either approve or deny each application submitted during the fiscal year by July 1 of the following fiscal year.

(1) An application submitted under this section shall include the following: (A) A proposed design of the special license plate decal that complies with § 27-24-105(c) and related rules; (B) Documentation to support that the organization is a state agency or a nonprofit organization that has been approved for tax exempt status under Section 501(c)(3) of the Internal Revenue Code as in effect on January 1, 2005; (C) The organization's financial plan for the use of the proceeds from the special license plate decal; and (D) An affidavit signed by an official of the organization that states that the proceeds from the special license plate decal will be used according to the financial plan submitted with the application.

(A) A proposed design of the special license plate decal that complies with § 27-24-105(c) and related rules;

(B) Documentation to support that the organization is a state agency or a nonprofit organization that has been approved for tax exempt status under Section 501(c)(3) of the Internal Revenue Code as in effect on January 1, 2005;

(C) The organization's financial plan for the use of the proceeds from the special license plate decal; and

(D) An affidavit signed by an official of the organization that states that the proceeds from the special license plate decal will be used according to the financial plan submitted with the application.

(2) The secretary shall either approve or deny each application submitted during the fiscal year by July 1 of the following fiscal year.

(c) (1) (A) If the request is approved, the secretary shall determine: (i) The fee for the cost of creating a special license plate, including without limitation the cost of: (a) The initial order of a special license plate created under this subchapter; (b) Creating a new design for a special license plate and any subsequent revisions to the design; (c) The computer programming and testing required to add a special license plate to the Department of Finance and Administration's computer system; (d) Maintaining the computer system required under subdivision (c)(1)(A)(i) (c) of this section; and (e) Shipping and distributing a special license plate created under this subchapter to all revenue offices in the state; (ii) The number of applications that must be received to cover the costs provided in subdivision (c)(1)(A)(i) of this section; or (iii) The combination of subdivisions (c)(1)(A)(i) and (ii) of this section that must be received by the department for the creation of a special license plate. (B) (i) The fee remitted under subdivision (c)(1)(A) 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. (ii) The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division. (iii) The fee shall not be considered or credited to the division as direct revenue. (C) The fee required under subdivision (c)(1)(A) of this section does not apply to a special license plate in existence before January 1, 2019. (2) If the secretary denies the application, then: (A) The secretary shall give the applicant written notice of the reasons for the denial; and (B) The applicant may proceed as provided under § 27-24-106 .

(1) (A) If the request is approved, the secretary shall determine: (i) The fee for the cost of creating a special license plate, including without limitation the cost of: (a) The initial order of a special license plate created under this subchapter; (b) Creating a new design for a special license plate and any subsequent revisions to the design; (c) The computer programming and testing required to add a special license plate to the Department of Finance and Administration's computer system; (d) Maintaining the computer system required under subdivision (c)(1)(A)(i) (c) of this section; and (e) Shipping and distributing a special license plate created under this subchapter to all revenue offices in the state; (ii) The number of applications that must be received to cover the costs provided in subdivision (c)(1)(A)(i) of this section; or (iii) The combination of subdivisions (c)(1)(A)(i) and (ii) of this section that must be received by the department for the creation of a special license plate. (B) (i) The fee remitted under subdivision (c)(1)(A) 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. (ii) The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division. (iii) The fee shall not be considered or credited to the division as direct revenue. (C) The fee required under subdivision (c)(1)(A) of this section does not apply to a special license plate in existence before January 1, 2019.

(A) If the request is approved, the secretary shall determine: (i) The fee for the cost of creating a special license plate, including without limitation the cost of: (a) The initial order of a special license plate created under this subchapter; (b) Creating a new design for a special license plate and any subsequent revisions to the design; (c) The computer programming and testing required to add a special license plate to the Department of Finance and Administration's computer system; (d) Maintaining the computer system required under subdivision (c)(1)(A)(i) (c) of this section; and (e) Shipping and distributing a special license plate created under this subchapter to all revenue offices in the state; (ii) The number of applications that must be received to cover the costs provided in subdivision (c)(1)(A)(i) of this section; or (iii) The combination of subdivisions (c)(1)(A)(i) and (ii) of this section that must be received by the department for the creation of a special license plate.

(i) The fee for the cost of creating a special license plate, including without limitation the cost of: (a) The initial order of a special license plate created under this subchapter; (b) Creating a new design for a special license plate and any subsequent revisions to the design; (c) The computer programming and testing required to add a special license plate to the Department of Finance and Administration's computer system; (d) Maintaining the computer system required under subdivision (c)(1)(A)(i) (c) of this section; and (e) Shipping and distributing a special license plate created under this subchapter to all revenue offices in the state;

(a) The initial order of a special license plate created under this subchapter;

(b) Creating a new design for a special license plate and any subsequent revisions to the design;

(c) The computer programming and testing required to add a special license plate to the Department of Finance and Administration's computer system;

(d) Maintaining the computer system required under subdivision (c)(1)(A)(i) (c) of this section; and

(e) Shipping and distributing a special license plate created under this subchapter to all revenue offices in the state;

(ii) The number of applications that must be received to cover the costs provided in subdivision (c)(1)(A)(i) of this section; or

(iii) The combination of subdivisions (c)(1)(A)(i) and (ii) of this section that must be received by the department for the creation of a special license plate.

(B) (i) The fee remitted under subdivision (c)(1)(A) 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. (ii) The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division. (iii) The fee shall not be considered or credited to the division as direct revenue.

(i) The fee remitted under subdivision (c)(1)(A) 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.

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

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

(C) The fee required under subdivision (c)(1)(A) of this section does not apply to a special license plate in existence before January 1, 2019.

(2) If the secretary denies the application, then: (A) The secretary shall give the applicant written notice of the reasons for the denial; and (B) The applicant may proceed as provided under § 27-24-106 .

(A) The secretary shall give the applicant written notice of the reasons for the denial; and

(B) The applicant may proceed as provided under § 27-24-106 .

(d) (1) An organization that applies for the issuance of a special license plate under this section may establish a fee not to exceed twenty-five dollars ($25.00) for the design-use contribution or for fundraising purposes for the issuance and renewal of a special license plate. (2) If an organization establishes a fee for the design-use contribution or fundraising purposes under this subsection, then the organization shall provide: (A) Its financial plan for the use of the proceeds from the special license plate; and (B) An affidavit signed by an official of the organization that states that the proceeds from the special license plate will be used according to the financial plan submitted with the application.

(1) An organization that applies for the issuance of a special license plate under this section may establish a fee not to exceed twenty-five dollars ($25.00) for the design-use contribution or for fundraising purposes for the issuance and renewal of a special license plate.

(2) If an organization establishes a fee for the design-use contribution or fundraising purposes under this subsection, then the organization shall provide: (A) Its financial plan for the use of the proceeds from the special license plate; and (B) An affidavit signed by an official of the organization that states that the proceeds from the special license plate will be used according to the financial plan submitted with the application.

(A) Its financial plan for the use of the proceeds from the special license plate; and

(B) An affidavit signed by an official of the organization that states that the proceeds from the special license plate will be used according to the financial plan submitted with the application.

(e) An organization's application for a special license plate under this section shall establish the organization's compliance with the following conditions: (1) The organization is a state agency or a nonprofit organization that has been approved for tax exempt status under the Internal Revenue Code, 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2005; (2) The organization is based, headquartered, or has a chapter in Arkansas; (3) The purpose of the organization is for social, civic, entertainment, or other purposes; (4) The name of the organization is not the name of a special product or a brand name; (5) The name of the organization is not interpreted by the department as promoting a special product or a brand name; (6) The organization is not a political party; (7) The organization was not created primarily to promote a specific political belief; and (8) The organization shall not have as its primary purpose the promotion of any specific religion, faith, or anti-religion.

(1) The organization is a state agency or a nonprofit organization that has been approved for tax exempt status under the Internal Revenue Code, 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2005;

(2) The organization is based, headquartered, or has a chapter in Arkansas;

(3) The purpose of the organization is for social, civic, entertainment, or other purposes;

(4) The name of the organization is not the name of a special product or a brand name;

(5) The name of the organization is not interpreted by the department as promoting a special product or a brand name;

(6) The organization is not a political party;

(7) The organization was not created primarily to promote a specific political belief; and

(8) The organization shall not have as its primary purpose the promotion of any specific religion, faith, or anti-religion.

Amended by Act 2019, No. 287,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4775, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4774, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4773, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4772, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4771, eff. 7/1/2019.

Acts 2005, No. 2202, § 1.
Ark. Code Ann. § 27-19-621 — AR Code / Title 27 / Chapter 19 / Subchapter 6 / Section 27-19-621
Matters not to be evidence in civil actions
Status: in_force

The report required following an accident, the action taken by the Office of Driver Services pursuant to this chapter, the findings, if any, of the Office of Driver Services upon which the action is based, and the security filed as provided in this chapter shall not be referred to in any way, and shall not be any evidence of the negligence or due care of either party, at the trial of any civil action to recover damages. Acts 1953, No. 347, § 42; 1975, No. 1007, § 10; A.S.A. 1947, § 75-1442.

The report required following an accident, the action taken by the Office of Driver Services pursuant to this chapter, the findings, if any, of the Office of Driver Services upon which the action is based, and the security filed as provided in this chapter shall not be referred to in any way, and shall not be any evidence of the negligence or due care of either party, at the trial of any civil action to recover damages.

Acts 1953, No. 347, § 42; 1975, No. 1007, § 10; A.S.A. 1947, § 75-1442.
Ark. Code Ann. § 27-22-111 — AR Code / Title 27 / Chapter 22 / Subchapter 1 / Section 27-22-111
Fine for failure to present proof of insurance at time of traffic stop
Status: in_force

(a) After a traffic stop has been completed, if an operator of a motor vehicle proves that the liability coverage required by §§ 27-22-101 - 27-22-104 was in effect at the time of the traffic stop, the failure to present proof of insurance at the time of the traffic stop when requested by a law enforcement officer shall be punished by a fine of twenty-five dollars ($25.00). (b) Court costs under § 16-10-305 shall be assessed, but other costs or fees shall not be assessed under this section. (c) The fines collected under this section shall be distributed as follows: (1) Eighty percent (80%) shall be paid to the Treasurer of State for the benefit of the Arkansas Citizens First Responder Safety Enhancement Fund by the tenth day of each month; and (2) Twenty percent (20%) shall be retained by the court that tries the offense. (d) If an operator of a motor vehicle is unable to prove that the liability coverage required by §§ 27-22-101 - 27-22-104 was in effect at the time of the traffic stop, the failure to present proof of insurance at the time of the traffic stop when requested by a law enforcement officer shall be punished as provided under § 27-22-103 . Amended by Act 2019, No. 869,§ 8, eff. 7/24/2019. Amended by Act 2013, No. 282,§ 15, eff. 3/6/2013. Acts 2011, No. 1046, § 3.

(a) After a traffic stop has been completed, if an operator of a motor vehicle proves that the liability coverage required by §§ 27-22-101 - 27-22-104 was in effect at the time of the traffic stop, the failure to present proof of insurance at the time of the traffic stop when requested by a law enforcement officer shall be punished by a fine of twenty-five dollars ($25.00).

(b) Court costs under § 16-10-305 shall be assessed, but other costs or fees shall not be assessed under this section.

(c) The fines collected under this section shall be distributed as follows: (1) Eighty percent (80%) shall be paid to the Treasurer of State for the benefit of the Arkansas Citizens First Responder Safety Enhancement Fund by the tenth day of each month; and (2) Twenty percent (20%) shall be retained by the court that tries the offense.

(1) Eighty percent (80%) shall be paid to the Treasurer of State for the benefit of the Arkansas Citizens First Responder Safety Enhancement Fund by the tenth day of each month; and

(2) Twenty percent (20%) shall be retained by the court that tries the offense.

(d) If an operator of a motor vehicle is unable to prove that the liability coverage required by §§ 27-22-101 - 27-22-104 was in effect at the time of the traffic stop, the failure to present proof of insurance at the time of the traffic stop when requested by a law enforcement officer shall be punished as provided under § 27-22-103 .

Amended by Act 2019, No. 869,§ 8, eff. 7/24/2019.

Amended by Act 2013, No. 282,§ 15, eff. 3/6/2013.

Acts 2011, No. 1046, § 3.
Ark. Code Ann. § 27-16-907 — AR Code / Title 27 / Chapter 16 / Subchapter 9 / Section 27-16-907
Suspension or revocation of licenses
Status: in_force

(a) The Office of Driver Services may suspend the license of a driver for up to one (1) year upon a showing by its records or other sufficient evidence that the licensee is a habitual violator of the traffic laws. (b) The Office of Driver Services may suspend the license of a driver for one (1) year upon a showing by its records or other sufficient evidence that the licensee: (1) Has been involved as a driver in an accident resulting in the death or personal injury of another or in serious property damage; (2) Is an habitually reckless or negligent driver of a motor vehicle; (3) Has permitted an unlawful or fraudulent use of the licensee's license; (4) Has been convicted of an offense in another state that if committed in this state would be grounds for suspension; (5) Is receiving any type of welfare, tax, or other benefit or exemption as a blind or nearly blind person, if the correctable vision of the person is less than 20/50 in at least one (1) eye or if the total visual field of the person is less than one hundred five degrees (105°); (6) Was found by the Office of Driver Services or its agent to have committed fraud in making an application for a driver's license or identification card issued under § 27-16-805 ; (7) Was found by the Office of Driver Services or its agent to have used or attempted to use a driver's license or identification card issued under § 27-16-805 that was fraudulent, counterfeit, or altered; or (8) Was found by the Office of Driver Services or its agent to have used or attempted to use the driver's license or identification card of another person by representing it as the licensee's own license or identification card issued under § 27-16-805 . (c) The Office of Driver Services may revoke the license of a driver upon a showing by its records or other sufficient evidence that the licensee: (1) Has been convicted of an offense in another state that if committed in this state would be grounds for revocation; or (2) (A) Is a person who is not lawfully present within the United States. (B) The Office of Driver Services shall not grant a new application for a license to a driver revoked under subdivision (c)(2)(A) of this section unless the driver demonstrates to the Office of Driver Services that the driver is lawfully present within the United States. (C) Notwithstanding the provisions of § 27-16-912 , a driver whose license is revoked for failure to demonstrate legal presence may apply for a new license at any time during the year following revocation if the driver is able to demonstrate lawful presence at the time of the application for a new license. (d) The Office of Driver Services may secure from all state agencies involved the necessary information to comply with this section. (e) (1) Upon the suspension or revocation of the license of a person under this section, the Office of Driver Services shall notify the licensee in writing. (2) Any licensee desiring a hearing shall notify the Office of Driver Services in writing within twenty (20) days after receipt of the notice of suspension or revocation. (3) (A) A hearing officer appointed by the Secretary of the Department of Finance and Administration shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary for the hearings. (B) The hearing shall be in the office of the Revenue Division of the Department of Finance and Administration in the county of residence of the licensee unless the secretary and licensee agree to another location for the hearing or agree that the hearing shall be held by telephone conference call. (4) Based upon the evidence presented at the hearing, the hearing officer shall modify, rescind, or affirm the suspension or revocation of the license. (f) Hearings conducted by the Office of Driver Services under this section shall not be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (g) The secretary may promulgate rules for the administration of this section. Amended by Act 2019, No. 315,§ 3116, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4665, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4664, eff. 7/1/2019. Acts 1937, No. 280, § 30; Pope's Dig., § 6854; Acts 1967, No. 340, § 1; A.S.A. 1947, § 75-334; Acts 1987, No. 976, § 1; 1989, No. 193, § 7; 1993, No. 445, § 28; 1997, No. 1099, § 2; 2001, No. 744, § 1; 2001, No. 1057, § 1; 2011, No. 194, § 5.

(a) The Office of Driver Services may suspend the license of a driver for up to one (1) year upon a showing by its records or other sufficient evidence that the licensee is a habitual violator of the traffic laws.

(b) The Office of Driver Services may suspend the license of a driver for one (1) year upon a showing by its records or other sufficient evidence that the licensee: (1) Has been involved as a driver in an accident resulting in the death or personal injury of another or in serious property damage; (2) Is an habitually reckless or negligent driver of a motor vehicle; (3) Has permitted an unlawful or fraudulent use of the licensee's license; (4) Has been convicted of an offense in another state that if committed in this state would be grounds for suspension; (5) Is receiving any type of welfare, tax, or other benefit or exemption as a blind or nearly blind person, if the correctable vision of the person is less than 20/50 in at least one (1) eye or if the total visual field of the person is less than one hundred five degrees (105°); (6) Was found by the Office of Driver Services or its agent to have committed fraud in making an application for a driver's license or identification card issued under § 27-16-805 ; (7) Was found by the Office of Driver Services or its agent to have used or attempted to use a driver's license or identification card issued under § 27-16-805 that was fraudulent, counterfeit, or altered; or (8) Was found by the Office of Driver Services or its agent to have used or attempted to use the driver's license or identification card of another person by representing it as the licensee's own license or identification card issued under § 27-16-805 .

(1) Has been involved as a driver in an accident resulting in the death or personal injury of another or in serious property damage;

(2) Is an habitually reckless or negligent driver of a motor vehicle;

(3) Has permitted an unlawful or fraudulent use of the licensee's license;

(4) Has been convicted of an offense in another state that if committed in this state would be grounds for suspension;

(5) Is receiving any type of welfare, tax, or other benefit or exemption as a blind or nearly blind person, if the correctable vision of the person is less than 20/50 in at least one (1) eye or if the total visual field of the person is less than one hundred five degrees (105°);

(6) Was found by the Office of Driver Services or its agent to have committed fraud in making an application for a driver's license or identification card issued under § 27-16-805 ;

(7) Was found by the Office of Driver Services or its agent to have used or attempted to use a driver's license or identification card issued under § 27-16-805 that was fraudulent, counterfeit, or altered; or

(8) Was found by the Office of Driver Services or its agent to have used or attempted to use the driver's license or identification card of another person by representing it as the licensee's own license or identification card issued under § 27-16-805 .

(c) The Office of Driver Services may revoke the license of a driver upon a showing by its records or other sufficient evidence that the licensee: (1) Has been convicted of an offense in another state that if committed in this state would be grounds for revocation; or (2) (A) Is a person who is not lawfully present within the United States. (B) The Office of Driver Services shall not grant a new application for a license to a driver revoked under subdivision (c)(2)(A) of this section unless the driver demonstrates to the Office of Driver Services that the driver is lawfully present within the United States. (C) Notwithstanding the provisions of § 27-16-912 , a driver whose license is revoked for failure to demonstrate legal presence may apply for a new license at any time during the year following revocation if the driver is able to demonstrate lawful presence at the time of the application for a new license.

(1) Has been convicted of an offense in another state that if committed in this state would be grounds for revocation; or

(2) (A) Is a person who is not lawfully present within the United States. (B) The Office of Driver Services shall not grant a new application for a license to a driver revoked under subdivision (c)(2)(A) of this section unless the driver demonstrates to the Office of Driver Services that the driver is lawfully present within the United States. (C) Notwithstanding the provisions of § 27-16-912 , a driver whose license is revoked for failure to demonstrate legal presence may apply for a new license at any time during the year following revocation if the driver is able to demonstrate lawful presence at the time of the application for a new license.

(A) Is a person who is not lawfully present within the United States.

(B) The Office of Driver Services shall not grant a new application for a license to a driver revoked under subdivision (c)(2)(A) of this section unless the driver demonstrates to the Office of Driver Services that the driver is lawfully present within the United States.

(C) Notwithstanding the provisions of § 27-16-912 , a driver whose license is revoked for failure to demonstrate legal presence may apply for a new license at any time during the year following revocation if the driver is able to demonstrate lawful presence at the time of the application for a new license.

(d) The Office of Driver Services may secure from all state agencies involved the necessary information to comply with this section.

(e) (1) Upon the suspension or revocation of the license of a person under this section, the Office of Driver Services shall notify the licensee in writing. (2) Any licensee desiring a hearing shall notify the Office of Driver Services in writing within twenty (20) days after receipt of the notice of suspension or revocation. (3) (A) A hearing officer appointed by the Secretary of the Department of Finance and Administration shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration designated by the secretary for the hearings. (B) The hearing shall be in the office of the Revenue Division of the Department of Finance and Administration in the county of residence of the licensee unless the secretary and licensee agree to another location for the hearing or agree that the hearing shall be held by telephone conference call. (4) Based upon the evidence presented at the hearing, the hearing officer shall modify, rescind, or affirm the suspension or revocation of the license.

(1) Upon the suspension or revocation of the license of a person under this section, the Office of Driver Services shall notify the licensee in writing.

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

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

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

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

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

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

(g) The secretary may promulgate rules for the administration of this section.

Amended by Act 2019, No. 315,§ 3116, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4665, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4664, eff. 7/1/2019.

Acts 1937, No. 280, § 30; Pope's Dig., § 6854; Acts 1967, No. 340, § 1; A.S.A. 1947, § 75-334; Acts 1987, No. 976, § 1; 1989, No. 193, § 7; 1993, No. 445, § 28; 1997, No. 1099, § 2; 2001, No. 744, § 1; 2001, No. 1057, § 1; 2011, No. 194, § 5.
Ark. Code Ann. § 27-16-901 — AR Code / Title 27 / Chapter 16 / Subchapter 9 / Section 27-16-901
Expiration and renewal of licenses
Status: in_force

(a) (1) (A) Except for the intermediate driver's license and the learner's license, every driver's license shall expire at the end of the month in which it was issued eight (8) years from its date of initial issuance unless the Secretary of the Department of Finance and Administration provides by rule for some other staggered basis of expiration. (B) (i) A learner's license shall be issued for no more than a two-year period and shall expire upon the driver's reaching sixteen (16) years of age. (ii) Any person sixteen (16) years of age may apply for an intermediate driver's license, provided that his or her driving record is free of a serious accident and conviction of a serious traffic violation for the most recent six-month period. (C) An intermediate driver's license shall be issued for no more than a two-year period and shall expire upon the driver's reaching eighteen (18) years of age and may be renewed at that time or within thirty (30) days following the expiration date of the intermediate driver's license as a regular driver's license for eight (8) years, so long as the intermediate driver has been free of a serious accident and conviction of a serious traffic violation for at least twelve (12) months before arriving at his or her eighteenth birthday. (2) (A) The secretary may by rule shorten or lengthen the term of any driver's license period, as necessary, to ensure that approximately twenty-five percent (25%) of the total valid licenses are renewable each fiscal year. (B) (i) All drivers' licenses subject to change under this subsection shall also be subject to a pro rata adjustment of the license fee charged in § 27-16-801(a) . (ii) The adjustment of the fee shall be carried out in the manner determined by the secretary by rule. (b) Every driver's license shall be renewable on or before its expiration upon completion of an application, payment of the fees designated in § 27-16-801 , and passage of the eyesight test required in § 27-16-704 and shall be renewed without other examination, unless the secretary has reason to believe that the licensee is no longer qualified to receive a license. Amended by Act 2019, No. 596,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4662, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4661, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4660, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4659, eff. 7/1/2019. Amended by Act 2017, No. 448,§ 30, eff. 8/1/2017. Amended by Act 2015, No. 343,§ 4, eff. 1/1/2016. Acts 1937, No. 280, § 22; Pope's Dig., § 6846; A.S.A. 1947, § 75-326; Acts 1989, No. 193, § 6; 1993, No. 445, § 24; 2001, No. 1694, § 8.

(a) (1) (A) Except for the intermediate driver's license and the learner's license, every driver's license shall expire at the end of the month in which it was issued eight (8) years from its date of initial issuance unless the Secretary of the Department of Finance and Administration provides by rule for some other staggered basis of expiration. (B) (i) A learner's license shall be issued for no more than a two-year period and shall expire upon the driver's reaching sixteen (16) years of age. (ii) Any person sixteen (16) years of age may apply for an intermediate driver's license, provided that his or her driving record is free of a serious accident and conviction of a serious traffic violation for the most recent six-month period. (C) An intermediate driver's license shall be issued for no more than a two-year period and shall expire upon the driver's reaching eighteen (18) years of age and may be renewed at that time or within thirty (30) days following the expiration date of the intermediate driver's license as a regular driver's license for eight (8) years, so long as the intermediate driver has been free of a serious accident and conviction of a serious traffic violation for at least twelve (12) months before arriving at his or her eighteenth birthday. (2) (A) The secretary may by rule shorten or lengthen the term of any driver's license period, as necessary, to ensure that approximately twenty-five percent (25%) of the total valid licenses are renewable each fiscal year. (B) (i) All drivers' licenses subject to change under this subsection shall also be subject to a pro rata adjustment of the license fee charged in § 27-16-801(a) . (ii) The adjustment of the fee shall be carried out in the manner determined by the secretary by rule.

(1) (A) Except for the intermediate driver's license and the learner's license, every driver's license shall expire at the end of the month in which it was issued eight (8) years from its date of initial issuance unless the Secretary of the Department of Finance and Administration provides by rule for some other staggered basis of expiration. (B) (i) A learner's license shall be issued for no more than a two-year period and shall expire upon the driver's reaching sixteen (16) years of age. (ii) Any person sixteen (16) years of age may apply for an intermediate driver's license, provided that his or her driving record is free of a serious accident and conviction of a serious traffic violation for the most recent six-month period. (C) An intermediate driver's license shall be issued for no more than a two-year period and shall expire upon the driver's reaching eighteen (18) years of age and may be renewed at that time or within thirty (30) days following the expiration date of the intermediate driver's license as a regular driver's license for eight (8) years, so long as the intermediate driver has been free of a serious accident and conviction of a serious traffic violation for at least twelve (12) months before arriving at his or her eighteenth birthday.

(A) Except for the intermediate driver's license and the learner's license, every driver's license shall expire at the end of the month in which it was issued eight (8) years from its date of initial issuance unless the Secretary of the Department of Finance and Administration provides by rule for some other staggered basis of expiration.

(B) (i) A learner's license shall be issued for no more than a two-year period and shall expire upon the driver's reaching sixteen (16) years of age. (ii) Any person sixteen (16) years of age may apply for an intermediate driver's license, provided that his or her driving record is free of a serious accident and conviction of a serious traffic violation for the most recent six-month period.

(i) A learner's license shall be issued for no more than a two-year period and shall expire upon the driver's reaching sixteen (16) years of age.

(ii) Any person sixteen (16) years of age may apply for an intermediate driver's license, provided that his or her driving record is free of a serious accident and conviction of a serious traffic violation for the most recent six-month period.

(C) An intermediate driver's license shall be issued for no more than a two-year period and shall expire upon the driver's reaching eighteen (18) years of age and may be renewed at that time or within thirty (30) days following the expiration date of the intermediate driver's license as a regular driver's license for eight (8) years, so long as the intermediate driver has been free of a serious accident and conviction of a serious traffic violation for at least twelve (12) months before arriving at his or her eighteenth birthday.

(2) (A) The secretary may by rule shorten or lengthen the term of any driver's license period, as necessary, to ensure that approximately twenty-five percent (25%) of the total valid licenses are renewable each fiscal year. (B) (i) All drivers' licenses subject to change under this subsection shall also be subject to a pro rata adjustment of the license fee charged in § 27-16-801(a) . (ii) The adjustment of the fee shall be carried out in the manner determined by the secretary by rule.

(A) The secretary may by rule shorten or lengthen the term of any driver's license period, as necessary, to ensure that approximately twenty-five percent (25%) of the total valid licenses are renewable each fiscal year.

(B) (i) All drivers' licenses subject to change under this subsection shall also be subject to a pro rata adjustment of the license fee charged in § 27-16-801(a) . (ii) The adjustment of the fee shall be carried out in the manner determined by the secretary by rule.

(i) All drivers' licenses subject to change under this subsection shall also be subject to a pro rata adjustment of the license fee charged in § 27-16-801(a) .

(ii) The adjustment of the fee shall be carried out in the manner determined by the secretary by rule.

(b) Every driver's license shall be renewable on or before its expiration upon completion of an application, payment of the fees designated in § 27-16-801 , and passage of the eyesight test required in § 27-16-704 and shall be renewed without other examination, unless the secretary has reason to believe that the licensee is no longer qualified to receive a license.

Amended by Act 2019, No. 596,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4662, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4661, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4660, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4659, eff. 7/1/2019.

Amended by Act 2017, No. 448,§ 30, eff. 8/1/2017.

Amended by Act 2015, No. 343,§ 4, eff. 1/1/2016.

Acts 1937, No. 280, § 22; Pope's Dig., § 6846; A.S.A. 1947, § 75-326; Acts 1989, No. 193, § 6; 1993, No. 445, § 24; 2001, No. 1694, § 8.
Ark. Code Ann. § 27-19-106 — AR Code / Title 27 / Chapter 19 / Subchapter 1 / Section 27-19-106
Assigned risk plans
Status: in_force

(a) (1) After consultation with the insurance companies authorized to issue automobile liability policies or automobile physical damage policies in this state, the Insurance Commissioner shall approve a reasonable plan, fair to the insurers and equitable to their policyholders, for the apportionment among the companies of applicants for policies of automobile liability or automobile physical damage, who are in good faith entitled to but are unable to procure the policy or policies through ordinary methods. (2) The commissioner may also include within the plan and require the insurance companies to provide those applicants referred to in this section with policies affording additional coverage for medical benefits up to five hundred dollars ($500) per occupant and uninsured motorist coverage in amounts as the commissioner may by plan prescribe, so as to afford a comprehensive minimum package of insurance coverage. (3) When any such plan has been approved, all the insurance companies shall subscribe thereto and participate therein. (b) (1) (A) Any applicant for such policy, any person insured under any such plan, and any insurance company affected, may appeal to the commissioner from any ruling or decision of the manager or committee designated to operate the plan. (B) At the conclusion, the plan shall prepare a memorandum of decision and a written transcript of its proceedings and deliberations as to the applicant, insured or insurer. (C) Upon any subsequent appeal to the commissioner, he or she shall be furnished the written transcript of the proceedings before the plan and the written memorandum of decision. (D) The commissioner shall, within thirty (30) days after submission of the transcript and memorandum of decision, render his or her decision on the appeal, which decision shall be based on the transcript and memorandum of decision submitted. (E) The commissioner shall promptly notify the plan and the appellant applicant, insured or insurer, in writing of his or her decision on appeal. (2) (A) Any order or act of the commissioner under the provisions of this section shall be subject to review by appeal to the Pulaski County Circuit Court at the instance of any party in interest. (B) The court shall determine whether the filing of the appeal shall operate as a stay of any order or act of the commissioner, and the court shall summarily hear the matter. (C) The court may, in disposing of the issue before it, modify, affirm, or reverse the order or act of the commissioner in whole or in part. (c) In the courts of this state, the plan may sue and be sued in its own name. Acts 1953, No. 347, § 86; 1969, No. 401, § 1; 1971, No. 219, § 1; A.S.A. 1947, § 75-1486; Acts 1995, No. 1272, §§ 22, 23.

(a) (1) After consultation with the insurance companies authorized to issue automobile liability policies or automobile physical damage policies in this state, the Insurance Commissioner shall approve a reasonable plan, fair to the insurers and equitable to their policyholders, for the apportionment among the companies of applicants for policies of automobile liability or automobile physical damage, who are in good faith entitled to but are unable to procure the policy or policies through ordinary methods. (2) The commissioner may also include within the plan and require the insurance companies to provide those applicants referred to in this section with policies affording additional coverage for medical benefits up to five hundred dollars ($500) per occupant and uninsured motorist coverage in amounts as the commissioner may by plan prescribe, so as to afford a comprehensive minimum package of insurance coverage. (3) When any such plan has been approved, all the insurance companies shall subscribe thereto and participate therein.

(1) After consultation with the insurance companies authorized to issue automobile liability policies or automobile physical damage policies in this state, the Insurance Commissioner shall approve a reasonable plan, fair to the insurers and equitable to their policyholders, for the apportionment among the companies of applicants for policies of automobile liability or automobile physical damage, who are in good faith entitled to but are unable to procure the policy or policies through ordinary methods.

(2) The commissioner may also include within the plan and require the insurance companies to provide those applicants referred to in this section with policies affording additional coverage for medical benefits up to five hundred dollars ($500) per occupant and uninsured motorist coverage in amounts as the commissioner may by plan prescribe, so as to afford a comprehensive minimum package of insurance coverage.

(3) When any such plan has been approved, all the insurance companies shall subscribe thereto and participate therein.

(b) (1) (A) Any applicant for such policy, any person insured under any such plan, and any insurance company affected, may appeal to the commissioner from any ruling or decision of the manager or committee designated to operate the plan. (B) At the conclusion, the plan shall prepare a memorandum of decision and a written transcript of its proceedings and deliberations as to the applicant, insured or insurer. (C) Upon any subsequent appeal to the commissioner, he or she shall be furnished the written transcript of the proceedings before the plan and the written memorandum of decision. (D) The commissioner shall, within thirty (30) days after submission of the transcript and memorandum of decision, render his or her decision on the appeal, which decision shall be based on the transcript and memorandum of decision submitted. (E) The commissioner shall promptly notify the plan and the appellant applicant, insured or insurer, in writing of his or her decision on appeal. (2) (A) Any order or act of the commissioner under the provisions of this section shall be subject to review by appeal to the Pulaski County Circuit Court at the instance of any party in interest. (B) The court shall determine whether the filing of the appeal shall operate as a stay of any order or act of the commissioner, and the court shall summarily hear the matter. (C) The court may, in disposing of the issue before it, modify, affirm, or reverse the order or act of the commissioner in whole or in part.

(1) (A) Any applicant for such policy, any person insured under any such plan, and any insurance company affected, may appeal to the commissioner from any ruling or decision of the manager or committee designated to operate the plan. (B) At the conclusion, the plan shall prepare a memorandum of decision and a written transcript of its proceedings and deliberations as to the applicant, insured or insurer. (C) Upon any subsequent appeal to the commissioner, he or she shall be furnished the written transcript of the proceedings before the plan and the written memorandum of decision. (D) The commissioner shall, within thirty (30) days after submission of the transcript and memorandum of decision, render his or her decision on the appeal, which decision shall be based on the transcript and memorandum of decision submitted. (E) The commissioner shall promptly notify the plan and the appellant applicant, insured or insurer, in writing of his or her decision on appeal.

(A) Any applicant for such policy, any person insured under any such plan, and any insurance company affected, may appeal to the commissioner from any ruling or decision of the manager or committee designated to operate the plan.

(B) At the conclusion, the plan shall prepare a memorandum of decision and a written transcript of its proceedings and deliberations as to the applicant, insured or insurer.

(C) Upon any subsequent appeal to the commissioner, he or she shall be furnished the written transcript of the proceedings before the plan and the written memorandum of decision.

(D) The commissioner shall, within thirty (30) days after submission of the transcript and memorandum of decision, render his or her decision on the appeal, which decision shall be based on the transcript and memorandum of decision submitted.

(E) The commissioner shall promptly notify the plan and the appellant applicant, insured or insurer, in writing of his or her decision on appeal.

(2) (A) Any order or act of the commissioner under the provisions of this section shall be subject to review by appeal to the Pulaski County Circuit Court at the instance of any party in interest. (B) The court shall determine whether the filing of the appeal shall operate as a stay of any order or act of the commissioner, and the court shall summarily hear the matter. (C) The court may, in disposing of the issue before it, modify, affirm, or reverse the order or act of the commissioner in whole or in part.

(A) Any order or act of the commissioner under the provisions of this section shall be subject to review by appeal to the Pulaski County Circuit Court at the instance of any party in interest.

(B) The court shall determine whether the filing of the appeal shall operate as a stay of any order or act of the commissioner, and the court shall summarily hear the matter.

(C) The court may, in disposing of the issue before it, modify, affirm, or reverse the order or act of the commissioner in whole or in part.

(c) In the courts of this state, the plan may sue and be sued in its own name.

Acts 1953, No. 347, § 86; 1969, No. 401, § 1; 1971, No. 219, § 1; A.S.A. 1947, § 75-1486; Acts 1995, No. 1272, §§ 22, 23.
Ark. Code Ann. § 27-23-110 — AR Code / Title 27 / Chapter 23 / Subchapter 1 / Section 27-23-110
Application for commercial driver license
Status: in_force

(a) (1) The application for a commercial driver license or commercial learner's permit shall include the following: (A) The full name and current residential address of the applicant; (B) A physical description of the applicant, including the applicant's sex, height, weight, eye color, and hair color; (C) The applicant's date of birth; (D) The applicant's Social Security number; (E) The applicant's signature; (F) A consent to release driving record information; (G) Certifications, including without limitation those required by 49 C.F.R. § 383.71 , as in effect on January 1, 2013; (H) Certification that the applicant is not subject to any disqualification under 49 C.F.R. § 383.51 , as in effect on January 1, 2013, or any license suspension, revocation, or cancellation under state law and that the applicant does not have a driver license from more than one (1) state or jurisdiction; (I) Certification that the applicant is or expects to be one (1) of the following types of drivers: (i) Nonexcepted interstate; (ii) Excepted interstate; (iii) Nonexcepted intrastate; or (iv) Excepted intrastate; (J) For an applicant for a commercial driver license only, the surrender of the applicant's noncommercial driver licenses to the state; (K) The names of all states in which the applicant has previously been licensed to drive any type of motor vehicle during the previous ten (10) years; (L) For an applicant that certifies as nonexcepted interstate or nonexcepted intrastate, the applicant shall provide the Office of Driver Services with a medical examiner's certificate and any waiver, exemption, or skills performance evaluation certificate required by the medical examiner's certificate as provided in § 27-23-129 ; and (M) Any other information required by the Office of Driver Services. (2) The application for a commercial driver license shall be accompanied by an application fee of fifty dollars ($50.00). (b) When a licensee changes his or her name, an application for a duplicate license shall be made to the Office of Driver Services. (c) No person who has been a resident of this state for thirty (30) days may drive a commercial motor vehicle under the authority of a commercial driver license issued by another jurisdiction. (d) The license application shall be accompanied by an examination fee for each knowledge and skills test, which shall be set by regulation of the Division of Arkansas State Police in an amount not to exceed fifty dollars ($50.00) for each examination and administration. (e) The examination fee set in subsection (d) of this section shall be collected by the Revenue Division of the Department of Finance and Administration at the time of initial application for a commercial motor vehicle license and any subsequent applications for examination. The funds shall be deposited as special revenues into the State Treasury and distributed to the credit of the Division of Arkansas State Police Fund to defray the cost of administering the examination of the knowledge and skills tests required in § 27-23-108 . (f) If the Office of Driver Services issues a commercial learner's permit to an applicant, the applicant may take the commercial driver license skills test no earlier than fourteen (14) calendar days following the date of issuance of the commercial learner's permit. Amended by Act 2021, No. 753,§ 1, eff. 1/1/2022. Amended by Act 2017, No. 463,§ 3, eff. 8/1/2017. Amended by Act 2013, No. 758,§ 14, eff. 7/8/2014. Acts 1989, No. 241, § 10; 1989, (3rd Ex. Sess.), No. 36, § 1; 1991, No. 164, § 1; 1991, No. 852, § 1; 1991, No. 1042,§ 1; 2003, No. 842, § 3; 2007, No. 256, § 1; 2007, No. 382, § 3; 2011, No. 352, § 3.

(a) (1) The application for a commercial driver license or commercial learner's permit shall include the following: (A) The full name and current residential address of the applicant; (B) A physical description of the applicant, including the applicant's sex, height, weight, eye color, and hair color; (C) The applicant's date of birth; (D) The applicant's Social Security number; (E) The applicant's signature; (F) A consent to release driving record information; (G) Certifications, including without limitation those required by 49 C.F.R. § 383.71 , as in effect on January 1, 2013; (H) Certification that the applicant is not subject to any disqualification under 49 C.F.R. § 383.51 , as in effect on January 1, 2013, or any license suspension, revocation, or cancellation under state law and that the applicant does not have a driver license from more than one (1) state or jurisdiction; (I) Certification that the applicant is or expects to be one (1) of the following types of drivers: (i) Nonexcepted interstate; (ii) Excepted interstate; (iii) Nonexcepted intrastate; or (iv) Excepted intrastate; (J) For an applicant for a commercial driver license only, the surrender of the applicant's noncommercial driver licenses to the state; (K) The names of all states in which the applicant has previously been licensed to drive any type of motor vehicle during the previous ten (10) years; (L) For an applicant that certifies as nonexcepted interstate or nonexcepted intrastate, the applicant shall provide the Office of Driver Services with a medical examiner's certificate and any waiver, exemption, or skills performance evaluation certificate required by the medical examiner's certificate as provided in § 27-23-129 ; and (M) Any other information required by the Office of Driver Services. (2) The application for a commercial driver license shall be accompanied by an application fee of fifty dollars ($50.00).

(1) The application for a commercial driver license or commercial learner's permit shall include the following: (A) The full name and current residential address of the applicant; (B) A physical description of the applicant, including the applicant's sex, height, weight, eye color, and hair color; (C) The applicant's date of birth; (D) The applicant's Social Security number; (E) The applicant's signature; (F) A consent to release driving record information; (G) Certifications, including without limitation those required by 49 C.F.R. § 383.71 , as in effect on January 1, 2013; (H) Certification that the applicant is not subject to any disqualification under 49 C.F.R. § 383.51 , as in effect on January 1, 2013, or any license suspension, revocation, or cancellation under state law and that the applicant does not have a driver license from more than one (1) state or jurisdiction; (I) Certification that the applicant is or expects to be one (1) of the following types of drivers: (i) Nonexcepted interstate; (ii) Excepted interstate; (iii) Nonexcepted intrastate; or (iv) Excepted intrastate; (J) For an applicant for a commercial driver license only, the surrender of the applicant's noncommercial driver licenses to the state; (K) The names of all states in which the applicant has previously been licensed to drive any type of motor vehicle during the previous ten (10) years; (L) For an applicant that certifies as nonexcepted interstate or nonexcepted intrastate, the applicant shall provide the Office of Driver Services with a medical examiner's certificate and any waiver, exemption, or skills performance evaluation certificate required by the medical examiner's certificate as provided in § 27-23-129 ; and (M) Any other information required by the Office of Driver Services.

(A) The full name and current residential address of the applicant;

(B) A physical description of the applicant, including the applicant's sex, height, weight, eye color, and hair color;

(C) The applicant's date of birth;

(D) The applicant's Social Security number;

(E) The applicant's signature;

(F) A consent to release driving record information;

(G) Certifications, including without limitation those required by 49 C.F.R. § 383.71 , as in effect on January 1, 2013;

(H) Certification that the applicant is not subject to any disqualification under 49 C.F.R. § 383.51 , as in effect on January 1, 2013, or any license suspension, revocation, or cancellation under state law and that the applicant does not have a driver license from more than one (1) state or jurisdiction;

(I) Certification that the applicant is or expects to be one (1) of the following types of drivers: (i) Nonexcepted interstate; (ii) Excepted interstate; (iii) Nonexcepted intrastate; or (iv) Excepted intrastate;

(i) Nonexcepted interstate;

(ii) Excepted interstate;

(iii) Nonexcepted intrastate; or

(iv) Excepted intrastate;

(J) For an applicant for a commercial driver license only, the surrender of the applicant's noncommercial driver licenses to the state;

(K) The names of all states in which the applicant has previously been licensed to drive any type of motor vehicle during the previous ten (10) years;

(L) For an applicant that certifies as nonexcepted interstate or nonexcepted intrastate, the applicant shall provide the Office of Driver Services with a medical examiner's certificate and any waiver, exemption, or skills performance evaluation certificate required by the medical examiner's certificate as provided in § 27-23-129 ; and

(M) Any other information required by the Office of Driver Services.

(2) The application for a commercial driver license shall be accompanied by an application fee of fifty dollars ($50.00).

(b) When a licensee changes his or her name, an application for a duplicate license shall be made to the Office of Driver Services.

(c) No person who has been a resident of this state for thirty (30) days may drive a commercial motor vehicle under the authority of a commercial driver license issued by another jurisdiction.

(d) The license application shall be accompanied by an examination fee for each knowledge and skills test, which shall be set by regulation of the Division of Arkansas State Police in an amount not to exceed fifty dollars ($50.00) for each examination and administration.

(e) The examination fee set in subsection (d) of this section shall be collected by the Revenue Division of the Department of Finance and Administration at the time of initial application for a commercial motor vehicle license and any subsequent applications for examination. The funds shall be deposited as special revenues into the State Treasury and distributed to the credit of the Division of Arkansas State Police Fund to defray the cost of administering the examination of the knowledge and skills tests required in § 27-23-108 .

(f) If the Office of Driver Services issues a commercial learner's permit to an applicant, the applicant may take the commercial driver license skills test no earlier than fourteen (14) calendar days following the date of issuance of the commercial learner's permit.

Amended by Act 2021, No. 753,§ 1, eff. 1/1/2022.

Amended by Act 2017, No. 463,§ 3, eff. 8/1/2017.

Amended by Act 2013, No. 758,§ 14, eff. 7/8/2014.

Acts 1989, No. 241, § 10; 1989, (3rd Ex. Sess.), No. 36, § 1; 1991, No. 164, § 1; 1991, No. 852, § 1; 1991, No. 1042,§ 1; 2003, No. 842, § 3; 2007, No. 256, § 1; 2007, No. 382, § 3; 2011, No. 352, § 3.
Ark. Code Ann. § 27-34-105 — AR Code / Title 27 / Chapter 34 / Section 27-34-105
Exceptions to provisions
Status: in_force

The provisions of this chapter shall not apply when any one (1) of the following conditions exists: (1) The motor vehicle is being used as an ambulance or other emergency vehicle; (2) When an emergency exists that threatens: (A) The life of any person operating a motor vehicle to whom this section otherwise would apply; or (B) The life of any child who otherwise would be required to be restrained under this chapter; or (3) If any child who would otherwise be required to be restrained under this chapter is physically unable because of medical reasons to use a child passenger safety seat system or seat safety belt and the medical reasons are certified by a physician who states the nature of the medical conditions as well as the reason the use of a child passenger safety seat system or seat safety belt is inappropriate. Acts 1983, No. 749, § 3; A.S.A. 1947, § 75-2603; Acts 1995, No. 1274, § 3; 2009, No. 308, § 5.

The provisions of this chapter shall not apply when any one (1) of the following conditions exists:

(1) The motor vehicle is being used as an ambulance or other emergency vehicle;

(2) When an emergency exists that threatens: (A) The life of any person operating a motor vehicle to whom this section otherwise would apply; or (B) The life of any child who otherwise would be required to be restrained under this chapter; or

(A) The life of any person operating a motor vehicle to whom this section otherwise would apply; or

(B) The life of any child who otherwise would be required to be restrained under this chapter; or

(3) If any child who would otherwise be required to be restrained under this chapter is physically unable because of medical reasons to use a child passenger safety seat system or seat safety belt and the medical reasons are certified by a physician who states the nature of the medical conditions as well as the reason the use of a child passenger safety seat system or seat safety belt is inappropriate.

Acts 1983, No. 749, § 3; A.S.A. 1947, § 75-2603; Acts 1995, No. 1274, § 3; 2009, No. 308, § 5.
Ark. Code Ann. § 27-70-102 — AR Code / Title 27 / Chapter 70 / Subchapter 1 / Section 27-70-102
Certification of amounts due - Distribution
Status: in_force

(a) The Arkansas Department of Transportation, through the Director of State Highways and Transportation, is authorized to certify to the Treasurer of State, Auditor of State, and the Chief Fiscal Officer of the State any amount that is due the department from a city or county of this state. (b) Upon certification, the Treasurer of State, Auditor of State, and the Chief Fiscal Officer of the State shall record and transfer the amount so certified from the funds next to be distributed to the designated city or county, under the provisions of the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq., to the fund designated by the department. The amount may be a lump sum or in installments, as instructed by the department. Amended by Act 2017, No. 707,§ 409, eff. 8/1/2017. Acts 1987, No. 742, § 20.

(a) The Arkansas Department of Transportation, through the Director of State Highways and Transportation, is authorized to certify to the Treasurer of State, Auditor of State, and the Chief Fiscal Officer of the State any amount that is due the department from a city or county of this state.

(b) Upon certification, the Treasurer of State, Auditor of State, and the Chief Fiscal Officer of the State shall record and transfer the amount so certified from the funds next to be distributed to the designated city or county, under the provisions of the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq., to the fund designated by the department. The amount may be a lump sum or in installments, as instructed by the department.

Amended by Act 2017, No. 707,§ 409, eff. 8/1/2017.

Acts 1987, No. 742, § 20.
Ark. Code Ann. § 27-14-212 — AR Code / Title 27 / Chapter 14 / Subchapter 2 / Section 27-14-212
[Repealed]
Status: repealed

Repealed by Act 2017, No. 448,§ 3, eff. 8/1/2017. Acts 1949, No. 142, § 7; 1959, No. 307, § 3; A.S.A. 1947, § 75-107; Acts 2005, No. 1991, § 1.

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

Acts 1949, No. 142, § 7; 1959, No. 307, § 3; A.S.A. 1947, § 75-107; Acts 2005, No. 1991, § 1.
Ark. Code Ann. § 27-25-111 — AR Code / Title 27 / Chapter 25 / Section 27-25-111
Motor vehicle safety recalls
Status: in_force

(a) At the time a motor vehicle owner registers as a shared-vehicle owner in a peer-to-peer car-sharing program and before the time a shared-vehicle owner makes a motor vehicle available as a shared vehicle for car sharing through the peer-to-peer car-sharing program, the peer-to-peer car-sharing program shall: (1) Verify that the motor vehicle that is to be offered as a shared vehicle does not have any safety recalls for which the repairs have not been made; and (2) Notify the shared-vehicle owner of the requirements under subsection (b) of this section. (b) (1) If a shared-vehicle owner has received an actual notice of a safety recall on a motor vehicle, then a shared-vehicle owner shall not make that motor vehicle available as a shared vehicle through a peer-to-peer car-sharing program until the safety recall repair has been made. (2) (A) If a shared-vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is available through the peer-to-peer car-sharing program, then the shared-vehicle owner shall remove the shared vehicle from the peer-to-peer car-sharing program as soon as practicably possible after receiving the notice of the safety recall. (B) Until the safety recall repair has been completed, a shared-vehicle owner shall not make a motor vehicle available as a shared vehicle through a peer-to-peer car-sharing program. (3) If a shared-vehicle owner receives an actual notice of a safety recall while the shared vehicle is being used and is in the possession of the shared-vehicle driver, then, as soon as practicably possible after receiving the notice of the safety recall, the shared-vehicle owner shall notify the peer-to-peer car-sharing program about the safety recall so that the shared-vehicle owner may address the safety recall repair. Added by Act 2023, No. 686,§ 3, eff. 8/1/2023.

(a) At the time a motor vehicle owner registers as a shared-vehicle owner in a peer-to-peer car-sharing program and before the time a shared-vehicle owner makes a motor vehicle available as a shared vehicle for car sharing through the peer-to-peer car-sharing program, the peer-to-peer car-sharing program shall: (1) Verify that the motor vehicle that is to be offered as a shared vehicle does not have any safety recalls for which the repairs have not been made; and (2) Notify the shared-vehicle owner of the requirements under subsection (b) of this section.

(1) Verify that the motor vehicle that is to be offered as a shared vehicle does not have any safety recalls for which the repairs have not been made; and

(2) Notify the shared-vehicle owner of the requirements under subsection (b) of this section.

(b) (1) If a shared-vehicle owner has received an actual notice of a safety recall on a motor vehicle, then a shared-vehicle owner shall not make that motor vehicle available as a shared vehicle through a peer-to-peer car-sharing program until the safety recall repair has been made. (2) (A) If a shared-vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is available through the peer-to-peer car-sharing program, then the shared-vehicle owner shall remove the shared vehicle from the peer-to-peer car-sharing program as soon as practicably possible after receiving the notice of the safety recall. (B) Until the safety recall repair has been completed, a shared-vehicle owner shall not make a motor vehicle available as a shared vehicle through a peer-to-peer car-sharing program. (3) If a shared-vehicle owner receives an actual notice of a safety recall while the shared vehicle is being used and is in the possession of the shared-vehicle driver, then, as soon as practicably possible after receiving the notice of the safety recall, the shared-vehicle owner shall notify the peer-to-peer car-sharing program about the safety recall so that the shared-vehicle owner may address the safety recall repair.

(1) If a shared-vehicle owner has received an actual notice of a safety recall on a motor vehicle, then a shared-vehicle owner shall not make that motor vehicle available as a shared vehicle through a peer-to-peer car-sharing program until the safety recall repair has been made.

(2) (A) If a shared-vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is available through the peer-to-peer car-sharing program, then the shared-vehicle owner shall remove the shared vehicle from the peer-to-peer car-sharing program as soon as practicably possible after receiving the notice of the safety recall. (B) Until the safety recall repair has been completed, a shared-vehicle owner shall not make a motor vehicle available as a shared vehicle through a peer-to-peer car-sharing program.

(A) If a shared-vehicle owner receives an actual notice of a safety recall on a shared vehicle while the shared vehicle is available through the peer-to-peer car-sharing program, then the shared-vehicle owner shall remove the shared vehicle from the peer-to-peer car-sharing program as soon as practicably possible after receiving the notice of the safety recall.

(B) Until the safety recall repair has been completed, a shared-vehicle owner shall not make a motor vehicle available as a shared vehicle through a peer-to-peer car-sharing program.

(3) If a shared-vehicle owner receives an actual notice of a safety recall while the shared vehicle is being used and is in the possession of the shared-vehicle driver, then, as soon as practicably possible after receiving the notice of the safety recall, the shared-vehicle owner shall notify the peer-to-peer car-sharing program about the safety recall so that the shared-vehicle owner may address the safety recall repair.

Added by Act 2023, No. 686,§ 3, eff. 8/1/2023.
Ark. Code Ann. § 27-66-205 — AR Code / Title 27 / Chapter 66 / Subchapter 2 / Section 27-66-205
Mail routes
Status: in_force

The county judge in his or her discretion may designate as a county road any road that is used as a mail route or a free rural mail delivery route if the road is designated as a mail route by the proper postal authorities of the United States Government. Acts 1923, No. 666, § 4; Pope's Dig., § 6972; Acts 1983, No. 165, § 2; A.S.A. 1947, § 76-105.

The county judge in his or her discretion may designate as a county road any road that is used as a mail route or a free rural mail delivery route if the road is designated as a mail route by the proper postal authorities of the United States Government.

Acts 1923, No. 666, § 4; Pope's Dig., § 6972; Acts 1983, No. 165, § 2; A.S.A. 1947, § 76-105.
Ark. Code Ann. § 27-20-205 — AR Code / Title 27 / Chapter 20 / Subchapter 2 / Section 27-20-205
Certificate of title
Status: in_force

(a) The Secretary of the Department of Finance and Administration shall issue a certificate of title to the owner of a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle that has been registered with the Department of Finance and Administration. (b) The certificate shall identify the owner's name and address, the vehicle manufacturer, model, year, identification number, seller, date of sale, lienholder, and lienholder's address. Amended by Act 2019, No. 910,§ 4697, eff. 7/1/2019. Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717; Acts 2007, No. 305, § 6.

(a) The Secretary of the Department of Finance and Administration shall issue a certificate of title to the owner of a three-wheeled, four-wheeled, or six-wheeled all-terrain vehicle that has been registered with the Department of Finance and Administration.

(b) The certificate shall identify the owner's name and address, the vehicle manufacturer, model, year, identification number, seller, date of sale, lienholder, and lienholder's address.

Amended by Act 2019, No. 910,§ 4697, eff. 7/1/2019.

Acts 1983, No. 872, § 1; A.S.A. 1947, § 75-1717; Acts 2007, No. 305, § 6.
Ark. Code Ann. § 27-53-211 — AR Code / Title 27 / Chapter 53 / Subchapter 2 / Section 27-53-211
Inspection of accident reports for safety improvements
Status: in_force

(a) (1) It is the duty of the Arkansas Department of Transportation to inspect the data collected and maintained relating to an accident as reported to the department by the Division of Arkansas State Police under § 27-53-207(b) . (2) The inspections shall determine, within the judgment of department personnel, whether safety improvements, increased visibility, warning signs, traffic control devices, or any other safety improvements are necessary which could reduce or prevent the future occurrence of similar accidents at the same locations. (b) The department shall develop a schedule for and implement those safety improvements considered necessary by the department under subdivision (a)(2) of this section. Amended by Act 2017, No. 618,§ 2, eff. 8/1/2017. Acts 1999, No. 1275, § 2.

(a) (1) It is the duty of the Arkansas Department of Transportation to inspect the data collected and maintained relating to an accident as reported to the department by the Division of Arkansas State Police under § 27-53-207(b) . (2) The inspections shall determine, within the judgment of department personnel, whether safety improvements, increased visibility, warning signs, traffic control devices, or any other safety improvements are necessary which could reduce or prevent the future occurrence of similar accidents at the same locations.

(1) It is the duty of the Arkansas Department of Transportation to inspect the data collected and maintained relating to an accident as reported to the department by the Division of Arkansas State Police under § 27-53-207(b) .

(2) The inspections shall determine, within the judgment of department personnel, whether safety improvements, increased visibility, warning signs, traffic control devices, or any other safety improvements are necessary which could reduce or prevent the future occurrence of similar accidents at the same locations.

(b) The department shall develop a schedule for and implement those safety improvements considered necessary by the department under subdivision (a)(2) of this section.

Amended by Act 2017, No. 618,§ 2, eff. 8/1/2017.

Acts 1999, No. 1275, § 2.
Ark. Code Ann. § 27-35-203 — AR Code / Title 27 / Chapter 35 / Subchapter 2 / Section 27-35-203
Single and tandem axle load limits - Definition
Status: in_force

(a) Maximum Single Axle Load. The total gross load imposed on the highway by the wheels of any one (1) single axle of a vehicle shall not exceed twenty thousand pounds (20,000 lbs.). (b) (1) Maximum Tandem Axle Load. The total gross load imposed on the highway by two (2) or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six inches (96") apart, extending across the full width of the vehicle, shall not exceed thirty-four thousand pounds (34,000 lbs.). (2) No one (1) axle of any such group of two (2) or more consecutive axles shall exceed the load permitted for a single axle. (c) (1) Maximum Weight on Front or Steering Axle. The maximum weight imposed on the highway by the front or steering axle of a vehicle shall not exceed the amount of the manufacturer's axle weight rating for the front or steering axle or twenty thousand pounds (20,000 lbs.), whichever is less. If the vehicle has no plate attached by the manufacturer providing the axle and gross weight ratings, the maximum weight allowed for the front or steering axle shall be twelve thousand pounds (12,000 lbs.). (2) The combined maximum weight imposed on the highway by a front or steering axle and any adjacent axle whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six inches (96") apart shall not exceed twenty-four thousand pounds (24,000 lbs.). (3) "Front or steering axle", for the purposes of this subsection, shall be defined as an axle attached to the front of the vehicle and which is utilized to steer the vehicle on a given path or direction. (d) (1) Subject to the limit upon the weight imposed upon the highway through any one (1) axle as set forth in subsections (a)-(c) of this section, no vehicle, or combination of vehicles, shall be operated upon the highways of this state when the gross weight is in excess of eighty thousand pounds (80,000 lbs.). (2) Greater gross weights than permitted may be authorized by special permit issued by competent authority as authorized by law, or lesser gross weights will be required when highways are posted. (e) (1) No vehicle, or combination of vehicles, shall operate upon any highway in this state when the total gross load imposed on the highway by the wheels of any one (1) single axle of such vehicle or combination exceeds eighteen thousand pounds (18,000 lbs.), nor when the total gross load imposed on the highway by two (2) or more consecutive axles of any such vehicle or combination of vehicles whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six inches (96") apart, extending across the full width of the vehicle or combination of vehicles, exceeds thirty-two thousand pounds (32,000 lbs.), nor when the total gross weight of the vehicle, or combination of vehicles thereof, is in excess of seventy-three thousand two hundred eighty pounds (73,280 lbs.) unless the vehicle, or combination thereof, shall not exceed the value given in Table I corresponding to the distance in feet between the extreme axles of the group, measured longitudinally to the nearest foot. Click here to view form. (2) (A) If the Federal Highway Administration or the United States Congress prescribes or adopts vehicle size or weight limits greater than those prescribed by the Federal-Aid Highway Act of 1956, which limits exceed, in full or in part, the provisions of subsection (a), subsection (b), subsection (c), or subsection (d) of this section or this subsection, the State Highway Commission shall adopt size and weight limits comparable to those prescribed or adopted by the Federal Highway Administration or the United States Congress and shall authorize the limits to be used by owners or operators of vehicles while the vehicles are using highways within this state. (B) No vehicle size or weight limit so adopted by the commission shall be less in any respect than those provided for in subsection (a), subsection (b), subsection (c), or subsection (d) of this section or this subsection. (f) (1) (A) Vehicles, or a combination of vehicles, transporting products commonly recognized in interstate commerce at gross weights exceeding seventy-three thousand two hundred eighty pounds (73,280 lbs.) shall be permitted direct access across any highway in this state to or from the nearest federal interstate highway or the nearest state primary highway. (B) Vehicles, or combinations thereof, shall be subject to the limits set forth in subsections (a)-(e) and (g) of this section. (2) Where more than one (1) highway in this state affords access to or from the point of shipment or receipt within this state, the commission may designate the access route to or from the nearest federal interstate highway or state-designated primary highway. (g) (1) (A) Vehicles, or combinations of vehicles, which vehicles or combinations of vehicles have a total outside width in excess of one hundred two inches (102") but not exceeding one hundred eight inches (108") used for hauling compacted seed cotton from the farm to the first point at which such seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state shall be permitted an eight-thousand-pounds-per-axle variance above the maximum allowable gross axle weight for single and tandem axles set forth in subsections (a) and (b) and subdivision (c)(1) of this section; provided, no such variance for such vehicles from the formula prescribed in subsection (e) of this section, nor from the axle weight nor overall maximum gross weight shall be allowable on federal interstate highways. Provided, further, no vehicle or combination of vehicles permitted the above axle variance, which vehicle or combination of vehicles has only three (3) axles, shall exceed a maximum overall gross weight of seventy thousand pounds (70,000 lbs.) and no such vehicle or combination of vehicles permitted the above axle variance, which vehicle or combination of vehicles has four (4) or more axles, shall exceed a maximum overall gross weight of eighty thousand pounds (80,000 lbs.). (B) Vehicles, or combinations of vehicles, with five (5) axles and used exclusively by the owner of livestock or poultry for hauling animal feed to the owner's livestock or poultry for consumption in this state shall be permitted an eight-percent variance above the allowable gross weight whenever the formula in subsection (e) of this section is applied to the vehicle or combination of vehicles. A maximum gross weight, including any allowable variance or tolerance, shall not exceed eighty thousand pounds (80,000 lbs.). (C) Vehicles, or combinations of vehicles, used exclusively for hauling solid waste, as defined by rules promulgated by the commission, shall be permitted an eight-percent variance above the allowable gross weight whenever the formula in subsection (e) of this section is applied to the vehicle or combination of vehicles. However, the maximum gross weight, including any allowable variance or tolerance, shall not exceed eighty thousand pounds (80,000 lbs.). (2) (A) Vehicles, or a combination of vehicles, meeting all of the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall not be required to meet the tandem axle load limits of subsection (b) of this section if the vehicles, or combinations thereof, do not exceed the allowable gross weight permitted by the formula in subsection (e) of this section, plus any variance, and do not exceed a gross weight of eighty thousand pounds (80,000 lbs.). (B) (i) No tandem axle on any vehicle, or a combination of vehicles, meeting all of the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall exceed thirty-six thousand five hundred pounds (36,500 lbs.) under this subsection. (ii) No variance on gross weight or axle shall be permitted on federal interstate highways. (iii) When a violation of this subsection occurs, fines and penalties to be assessed for vehicles otherwise meeting the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall be computed only on the basis of the excess weight over and above the maximum weight for which the vehicle qualifies under the formula prescribed in subsection (e) of this section plus an eight-percent variance. (iv) When a violation of this subsection occurs, fines and penalties to be assessed for vehicles otherwise meeting the requirements of subdivision (g)(1)(A) of this section shall be computed only on the basis of the excess weight over and above seventy thousand pounds (70,000 lbs.), including the variance, for a three-axle vehicle, or combination of vehicles, and only on the basis of the excess weight over and above eighty thousand pounds (80,000 lbs.), including the variance, for a vehicle, or combination of vehicles, with four (4) or more axles. (h) (1) When any axle, including any enforcement tolerance, is overloaded, but the total weight of all axles, including the steering axle, does not exceed the maximum total weight allowed for all axles, including the steering axle, the operator shall be permitted to unload a portion of the load or to shift the load if this will not overload some other axle, without being charged with violating this section and without being required to pay the penalties provided by law. (2) The maximum axle load provided for in this section is subject to reduction as provided in §§ 27-35-101 - 27-35-103 . (i) (1) A truck tractor and single semi-trailer combination with five (5) axles hauling sand, gravel, rock, or crushed stone and vehicles or combinations of vehicles with five (5) axles hauling unfinished and unprocessed farm products, forest products, or other products of the soil shall be exempt from the federal bridge formula found in subsection (e) of this section on noninterstate highways in this state. (2) (A) A truck tractor and single semi-trailer combination with five (5) axles hauling sand, gravel, rock, or crushed stone shall comply with a tandem axle limit of thirty-four thousand pounds (34,000 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.) provided that the total gross weight shall not exceed eighty thousand pounds (80,000 lbs.). (B) Vehicles, or combinations of vehicles, with five (5) axles hauling unfinished and unprocessed farm products, forest products, or other products of the soil shall comply with a tandem axle limit of thirty-six thousand five hundred pounds (36,500 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.) provided that the total gross weight shall not exceed eighty-five thousand pounds (85,000 lbs.). (C) Provided, no tandem axle shall exceed thirty-four thousand pounds (34,000 lbs.) while operated on the federal interstate highways of this state. (3) No vehicle, or combination of vehicles, meeting all of the requirements of this subsection, shall be allowed any variance on overall gross weight or axle weight while operating on the federal interstate highways. Amended by Act 2019, No. 315,§ 3135, eff. 7/24/2019. Acts 1955, No. 98, § 5; 1963, No. 78, § 3; 1965, No. 17, § 1; 1969, No. 103, § 1; 1971, No. 97, § 1; 1973, No. 419, §§ 1, 2; 1983, No. 7, §§ 3, 4; 1983, No. 580, §§ 1, 2; 1985, No. 415, § 1; A.S.A. 1947, §§ 75-817, 75-817.1; Acts 1987, No. 278, § 1; 1987, No. 379, § 1; 1989, No. 638, § 1; 1991, No. 1031, §§ 1, 2; 1991, No. 1139, §§ 1, 4; 1991, No. 1231, §§ 1, 2; 1992 (1st Ex. Sess.), No. 68, §§ 5, 6; 1992 (1st Ex. Sess.), No. 69, §§ 5, 6; 1995, No. 851, §§ 5, 6; 2007, No. 640, §§ 1-4; 2009, No. 493, § 1.

(a) Maximum Single Axle Load. The total gross load imposed on the highway by the wheels of any one (1) single axle of a vehicle shall not exceed twenty thousand pounds (20,000 lbs.).

(b) (1) Maximum Tandem Axle Load. The total gross load imposed on the highway by two (2) or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six inches (96") apart, extending across the full width of the vehicle, shall not exceed thirty-four thousand pounds (34,000 lbs.). (2) No one (1) axle of any such group of two (2) or more consecutive axles shall exceed the load permitted for a single axle.

(1) Maximum Tandem Axle Load. The total gross load imposed on the highway by two (2) or more consecutive axles whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six inches (96") apart, extending across the full width of the vehicle, shall not exceed thirty-four thousand pounds (34,000 lbs.).

(2) No one (1) axle of any such group of two (2) or more consecutive axles shall exceed the load permitted for a single axle.

(c) (1) Maximum Weight on Front or Steering Axle. The maximum weight imposed on the highway by the front or steering axle of a vehicle shall not exceed the amount of the manufacturer's axle weight rating for the front or steering axle or twenty thousand pounds (20,000 lbs.), whichever is less. If the vehicle has no plate attached by the manufacturer providing the axle and gross weight ratings, the maximum weight allowed for the front or steering axle shall be twelve thousand pounds (12,000 lbs.). (2) The combined maximum weight imposed on the highway by a front or steering axle and any adjacent axle whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six inches (96") apart shall not exceed twenty-four thousand pounds (24,000 lbs.). (3) "Front or steering axle", for the purposes of this subsection, shall be defined as an axle attached to the front of the vehicle and which is utilized to steer the vehicle on a given path or direction.

(1) Maximum Weight on Front or Steering Axle. The maximum weight imposed on the highway by the front or steering axle of a vehicle shall not exceed the amount of the manufacturer's axle weight rating for the front or steering axle or twenty thousand pounds (20,000 lbs.), whichever is less. If the vehicle has no plate attached by the manufacturer providing the axle and gross weight ratings, the maximum weight allowed for the front or steering axle shall be twelve thousand pounds (12,000 lbs.).

(2) The combined maximum weight imposed on the highway by a front or steering axle and any adjacent axle whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six inches (96") apart shall not exceed twenty-four thousand pounds (24,000 lbs.).

(3) "Front or steering axle", for the purposes of this subsection, shall be defined as an axle attached to the front of the vehicle and which is utilized to steer the vehicle on a given path or direction.

(d) (1) Subject to the limit upon the weight imposed upon the highway through any one (1) axle as set forth in subsections (a)-(c) of this section, no vehicle, or combination of vehicles, shall be operated upon the highways of this state when the gross weight is in excess of eighty thousand pounds (80,000 lbs.). (2) Greater gross weights than permitted may be authorized by special permit issued by competent authority as authorized by law, or lesser gross weights will be required when highways are posted.

(1) Subject to the limit upon the weight imposed upon the highway through any one (1) axle as set forth in subsections (a)-(c) of this section, no vehicle, or combination of vehicles, shall be operated upon the highways of this state when the gross weight is in excess of eighty thousand pounds (80,000 lbs.).

(2) Greater gross weights than permitted may be authorized by special permit issued by competent authority as authorized by law, or lesser gross weights will be required when highways are posted.

(e) (1) No vehicle, or combination of vehicles, shall operate upon any highway in this state when the total gross load imposed on the highway by the wheels of any one (1) single axle of such vehicle or combination exceeds eighteen thousand pounds (18,000 lbs.), nor when the total gross load imposed on the highway by two (2) or more consecutive axles of any such vehicle or combination of vehicles whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six inches (96") apart, extending across the full width of the vehicle or combination of vehicles, exceeds thirty-two thousand pounds (32,000 lbs.), nor when the total gross weight of the vehicle, or combination of vehicles thereof, is in excess of seventy-three thousand two hundred eighty pounds (73,280 lbs.) unless the vehicle, or combination thereof, shall not exceed the value given in Table I corresponding to the distance in feet between the extreme axles of the group, measured longitudinally to the nearest foot. Click here to view form. (2) (A) If the Federal Highway Administration or the United States Congress prescribes or adopts vehicle size or weight limits greater than those prescribed by the Federal-Aid Highway Act of 1956, which limits exceed, in full or in part, the provisions of subsection (a), subsection (b), subsection (c), or subsection (d) of this section or this subsection, the State Highway Commission shall adopt size and weight limits comparable to those prescribed or adopted by the Federal Highway Administration or the United States Congress and shall authorize the limits to be used by owners or operators of vehicles while the vehicles are using highways within this state. (B) No vehicle size or weight limit so adopted by the commission shall be less in any respect than those provided for in subsection (a), subsection (b), subsection (c), or subsection (d) of this section or this subsection.

(1) No vehicle, or combination of vehicles, shall operate upon any highway in this state when the total gross load imposed on the highway by the wheels of any one (1) single axle of such vehicle or combination exceeds eighteen thousand pounds (18,000 lbs.), nor when the total gross load imposed on the highway by two (2) or more consecutive axles of any such vehicle or combination of vehicles whose centers may be included between parallel transverse vertical planes spaced more than forty inches (40") and not more than ninety-six inches (96") apart, extending across the full width of the vehicle or combination of vehicles, exceeds thirty-two thousand pounds (32,000 lbs.), nor when the total gross weight of the vehicle, or combination of vehicles thereof, is in excess of seventy-three thousand two hundred eighty pounds (73,280 lbs.) unless the vehicle, or combination thereof, shall not exceed the value given in Table I corresponding to the distance in feet between the extreme axles of the group, measured longitudinally to the nearest foot. Click here to view form.

Click here to view form.

(2) (A) If the Federal Highway Administration or the United States Congress prescribes or adopts vehicle size or weight limits greater than those prescribed by the Federal-Aid Highway Act of 1956, which limits exceed, in full or in part, the provisions of subsection (a), subsection (b), subsection (c), or subsection (d) of this section or this subsection, the State Highway Commission shall adopt size and weight limits comparable to those prescribed or adopted by the Federal Highway Administration or the United States Congress and shall authorize the limits to be used by owners or operators of vehicles while the vehicles are using highways within this state. (B) No vehicle size or weight limit so adopted by the commission shall be less in any respect than those provided for in subsection (a), subsection (b), subsection (c), or subsection (d) of this section or this subsection.

(A) If the Federal Highway Administration or the United States Congress prescribes or adopts vehicle size or weight limits greater than those prescribed by the Federal-Aid Highway Act of 1956, which limits exceed, in full or in part, the provisions of subsection (a), subsection (b), subsection (c), or subsection (d) of this section or this subsection, the State Highway Commission shall adopt size and weight limits comparable to those prescribed or adopted by the Federal Highway Administration or the United States Congress and shall authorize the limits to be used by owners or operators of vehicles while the vehicles are using highways within this state.

(B) No vehicle size or weight limit so adopted by the commission shall be less in any respect than those provided for in subsection (a), subsection (b), subsection (c), or subsection (d) of this section or this subsection.

(f) (1) (A) Vehicles, or a combination of vehicles, transporting products commonly recognized in interstate commerce at gross weights exceeding seventy-three thousand two hundred eighty pounds (73,280 lbs.) shall be permitted direct access across any highway in this state to or from the nearest federal interstate highway or the nearest state primary highway. (B) Vehicles, or combinations thereof, shall be subject to the limits set forth in subsections (a)-(e) and (g) of this section. (2) Where more than one (1) highway in this state affords access to or from the point of shipment or receipt within this state, the commission may designate the access route to or from the nearest federal interstate highway or state-designated primary highway.

(1) (A) Vehicles, or a combination of vehicles, transporting products commonly recognized in interstate commerce at gross weights exceeding seventy-three thousand two hundred eighty pounds (73,280 lbs.) shall be permitted direct access across any highway in this state to or from the nearest federal interstate highway or the nearest state primary highway. (B) Vehicles, or combinations thereof, shall be subject to the limits set forth in subsections (a)-(e) and (g) of this section.

(A) Vehicles, or a combination of vehicles, transporting products commonly recognized in interstate commerce at gross weights exceeding seventy-three thousand two hundred eighty pounds (73,280 lbs.) shall be permitted direct access across any highway in this state to or from the nearest federal interstate highway or the nearest state primary highway.

(B) Vehicles, or combinations thereof, shall be subject to the limits set forth in subsections (a)-(e) and (g) of this section.

(2) Where more than one (1) highway in this state affords access to or from the point of shipment or receipt within this state, the commission may designate the access route to or from the nearest federal interstate highway or state-designated primary highway.

(g) (1) (A) Vehicles, or combinations of vehicles, which vehicles or combinations of vehicles have a total outside width in excess of one hundred two inches (102") but not exceeding one hundred eight inches (108") used for hauling compacted seed cotton from the farm to the first point at which such seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state shall be permitted an eight-thousand-pounds-per-axle variance above the maximum allowable gross axle weight for single and tandem axles set forth in subsections (a) and (b) and subdivision (c)(1) of this section; provided, no such variance for such vehicles from the formula prescribed in subsection (e) of this section, nor from the axle weight nor overall maximum gross weight shall be allowable on federal interstate highways. Provided, further, no vehicle or combination of vehicles permitted the above axle variance, which vehicle or combination of vehicles has only three (3) axles, shall exceed a maximum overall gross weight of seventy thousand pounds (70,000 lbs.) and no such vehicle or combination of vehicles permitted the above axle variance, which vehicle or combination of vehicles has four (4) or more axles, shall exceed a maximum overall gross weight of eighty thousand pounds (80,000 lbs.). (B) Vehicles, or combinations of vehicles, with five (5) axles and used exclusively by the owner of livestock or poultry for hauling animal feed to the owner's livestock or poultry for consumption in this state shall be permitted an eight-percent variance above the allowable gross weight whenever the formula in subsection (e) of this section is applied to the vehicle or combination of vehicles. A maximum gross weight, including any allowable variance or tolerance, shall not exceed eighty thousand pounds (80,000 lbs.). (C) Vehicles, or combinations of vehicles, used exclusively for hauling solid waste, as defined by rules promulgated by the commission, shall be permitted an eight-percent variance above the allowable gross weight whenever the formula in subsection (e) of this section is applied to the vehicle or combination of vehicles. However, the maximum gross weight, including any allowable variance or tolerance, shall not exceed eighty thousand pounds (80,000 lbs.). (2) (A) Vehicles, or a combination of vehicles, meeting all of the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall not be required to meet the tandem axle load limits of subsection (b) of this section if the vehicles, or combinations thereof, do not exceed the allowable gross weight permitted by the formula in subsection (e) of this section, plus any variance, and do not exceed a gross weight of eighty thousand pounds (80,000 lbs.). (B) (i) No tandem axle on any vehicle, or a combination of vehicles, meeting all of the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall exceed thirty-six thousand five hundred pounds (36,500 lbs.) under this subsection. (ii) No variance on gross weight or axle shall be permitted on federal interstate highways. (iii) When a violation of this subsection occurs, fines and penalties to be assessed for vehicles otherwise meeting the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall be computed only on the basis of the excess weight over and above the maximum weight for which the vehicle qualifies under the formula prescribed in subsection (e) of this section plus an eight-percent variance. (iv) When a violation of this subsection occurs, fines and penalties to be assessed for vehicles otherwise meeting the requirements of subdivision (g)(1)(A) of this section shall be computed only on the basis of the excess weight over and above seventy thousand pounds (70,000 lbs.), including the variance, for a three-axle vehicle, or combination of vehicles, and only on the basis of the excess weight over and above eighty thousand pounds (80,000 lbs.), including the variance, for a vehicle, or combination of vehicles, with four (4) or more axles.

(1) (A) Vehicles, or combinations of vehicles, which vehicles or combinations of vehicles have a total outside width in excess of one hundred two inches (102") but not exceeding one hundred eight inches (108") used for hauling compacted seed cotton from the farm to the first point at which such seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state shall be permitted an eight-thousand-pounds-per-axle variance above the maximum allowable gross axle weight for single and tandem axles set forth in subsections (a) and (b) and subdivision (c)(1) of this section; provided, no such variance for such vehicles from the formula prescribed in subsection (e) of this section, nor from the axle weight nor overall maximum gross weight shall be allowable on federal interstate highways. Provided, further, no vehicle or combination of vehicles permitted the above axle variance, which vehicle or combination of vehicles has only three (3) axles, shall exceed a maximum overall gross weight of seventy thousand pounds (70,000 lbs.) and no such vehicle or combination of vehicles permitted the above axle variance, which vehicle or combination of vehicles has four (4) or more axles, shall exceed a maximum overall gross weight of eighty thousand pounds (80,000 lbs.). (B) Vehicles, or combinations of vehicles, with five (5) axles and used exclusively by the owner of livestock or poultry for hauling animal feed to the owner's livestock or poultry for consumption in this state shall be permitted an eight-percent variance above the allowable gross weight whenever the formula in subsection (e) of this section is applied to the vehicle or combination of vehicles. A maximum gross weight, including any allowable variance or tolerance, shall not exceed eighty thousand pounds (80,000 lbs.). (C) Vehicles, or combinations of vehicles, used exclusively for hauling solid waste, as defined by rules promulgated by the commission, shall be permitted an eight-percent variance above the allowable gross weight whenever the formula in subsection (e) of this section is applied to the vehicle or combination of vehicles. However, the maximum gross weight, including any allowable variance or tolerance, shall not exceed eighty thousand pounds (80,000 lbs.).

(A) Vehicles, or combinations of vehicles, which vehicles or combinations of vehicles have a total outside width in excess of one hundred two inches (102") but not exceeding one hundred eight inches (108") used for hauling compacted seed cotton from the farm to the first point at which such seed cotton shall first undergo any processing, preparation for processing, or transformation from its compacted state shall be permitted an eight-thousand-pounds-per-axle variance above the maximum allowable gross axle weight for single and tandem axles set forth in subsections (a) and (b) and subdivision (c)(1) of this section; provided, no such variance for such vehicles from the formula prescribed in subsection (e) of this section, nor from the axle weight nor overall maximum gross weight shall be allowable on federal interstate highways. Provided, further, no vehicle or combination of vehicles permitted the above axle variance, which vehicle or combination of vehicles has only three (3) axles, shall exceed a maximum overall gross weight of seventy thousand pounds (70,000 lbs.) and no such vehicle or combination of vehicles permitted the above axle variance, which vehicle or combination of vehicles has four (4) or more axles, shall exceed a maximum overall gross weight of eighty thousand pounds (80,000 lbs.).

(B) Vehicles, or combinations of vehicles, with five (5) axles and used exclusively by the owner of livestock or poultry for hauling animal feed to the owner's livestock or poultry for consumption in this state shall be permitted an eight-percent variance above the allowable gross weight whenever the formula in subsection (e) of this section is applied to the vehicle or combination of vehicles. A maximum gross weight, including any allowable variance or tolerance, shall not exceed eighty thousand pounds (80,000 lbs.).

(C) Vehicles, or combinations of vehicles, used exclusively for hauling solid waste, as defined by rules promulgated by the commission, shall be permitted an eight-percent variance above the allowable gross weight whenever the formula in subsection (e) of this section is applied to the vehicle or combination of vehicles. However, the maximum gross weight, including any allowable variance or tolerance, shall not exceed eighty thousand pounds (80,000 lbs.).

(2) (A) Vehicles, or a combination of vehicles, meeting all of the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall not be required to meet the tandem axle load limits of subsection (b) of this section if the vehicles, or combinations thereof, do not exceed the allowable gross weight permitted by the formula in subsection (e) of this section, plus any variance, and do not exceed a gross weight of eighty thousand pounds (80,000 lbs.). (B) (i) No tandem axle on any vehicle, or a combination of vehicles, meeting all of the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall exceed thirty-six thousand five hundred pounds (36,500 lbs.) under this subsection. (ii) No variance on gross weight or axle shall be permitted on federal interstate highways. (iii) When a violation of this subsection occurs, fines and penalties to be assessed for vehicles otherwise meeting the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall be computed only on the basis of the excess weight over and above the maximum weight for which the vehicle qualifies under the formula prescribed in subsection (e) of this section plus an eight-percent variance. (iv) When a violation of this subsection occurs, fines and penalties to be assessed for vehicles otherwise meeting the requirements of subdivision (g)(1)(A) of this section shall be computed only on the basis of the excess weight over and above seventy thousand pounds (70,000 lbs.), including the variance, for a three-axle vehicle, or combination of vehicles, and only on the basis of the excess weight over and above eighty thousand pounds (80,000 lbs.), including the variance, for a vehicle, or combination of vehicles, with four (4) or more axles.

(A) Vehicles, or a combination of vehicles, meeting all of the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall not be required to meet the tandem axle load limits of subsection (b) of this section if the vehicles, or combinations thereof, do not exceed the allowable gross weight permitted by the formula in subsection (e) of this section, plus any variance, and do not exceed a gross weight of eighty thousand pounds (80,000 lbs.).

(B) (i) No tandem axle on any vehicle, or a combination of vehicles, meeting all of the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall exceed thirty-six thousand five hundred pounds (36,500 lbs.) under this subsection. (ii) No variance on gross weight or axle shall be permitted on federal interstate highways. (iii) When a violation of this subsection occurs, fines and penalties to be assessed for vehicles otherwise meeting the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall be computed only on the basis of the excess weight over and above the maximum weight for which the vehicle qualifies under the formula prescribed in subsection (e) of this section plus an eight-percent variance. (iv) When a violation of this subsection occurs, fines and penalties to be assessed for vehicles otherwise meeting the requirements of subdivision (g)(1)(A) of this section shall be computed only on the basis of the excess weight over and above seventy thousand pounds (70,000 lbs.), including the variance, for a three-axle vehicle, or combination of vehicles, and only on the basis of the excess weight over and above eighty thousand pounds (80,000 lbs.), including the variance, for a vehicle, or combination of vehicles, with four (4) or more axles.

(i) No tandem axle on any vehicle, or a combination of vehicles, meeting all of the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall exceed thirty-six thousand five hundred pounds (36,500 lbs.) under this subsection.

(ii) No variance on gross weight or axle shall be permitted on federal interstate highways.

(iii) When a violation of this subsection occurs, fines and penalties to be assessed for vehicles otherwise meeting the requirements of subdivision (g)(1)(B) or subdivision (g)(1)(C) of this section shall be computed only on the basis of the excess weight over and above the maximum weight for which the vehicle qualifies under the formula prescribed in subsection (e) of this section plus an eight-percent variance.

(iv) When a violation of this subsection occurs, fines and penalties to be assessed for vehicles otherwise meeting the requirements of subdivision (g)(1)(A) of this section shall be computed only on the basis of the excess weight over and above seventy thousand pounds (70,000 lbs.), including the variance, for a three-axle vehicle, or combination of vehicles, and only on the basis of the excess weight over and above eighty thousand pounds (80,000 lbs.), including the variance, for a vehicle, or combination of vehicles, with four (4) or more axles.

(h) (1) When any axle, including any enforcement tolerance, is overloaded, but the total weight of all axles, including the steering axle, does not exceed the maximum total weight allowed for all axles, including the steering axle, the operator shall be permitted to unload a portion of the load or to shift the load if this will not overload some other axle, without being charged with violating this section and without being required to pay the penalties provided by law. (2) The maximum axle load provided for in this section is subject to reduction as provided in §§ 27-35-101 - 27-35-103 .

(1) When any axle, including any enforcement tolerance, is overloaded, but the total weight of all axles, including the steering axle, does not exceed the maximum total weight allowed for all axles, including the steering axle, the operator shall be permitted to unload a portion of the load or to shift the load if this will not overload some other axle, without being charged with violating this section and without being required to pay the penalties provided by law.

(2) The maximum axle load provided for in this section is subject to reduction as provided in §§ 27-35-101 - 27-35-103 .

(i) (1) A truck tractor and single semi-trailer combination with five (5) axles hauling sand, gravel, rock, or crushed stone and vehicles or combinations of vehicles with five (5) axles hauling unfinished and unprocessed farm products, forest products, or other products of the soil shall be exempt from the federal bridge formula found in subsection (e) of this section on noninterstate highways in this state. (2) (A) A truck tractor and single semi-trailer combination with five (5) axles hauling sand, gravel, rock, or crushed stone shall comply with a tandem axle limit of thirty-four thousand pounds (34,000 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.) provided that the total gross weight shall not exceed eighty thousand pounds (80,000 lbs.). (B) Vehicles, or combinations of vehicles, with five (5) axles hauling unfinished and unprocessed farm products, forest products, or other products of the soil shall comply with a tandem axle limit of thirty-six thousand five hundred pounds (36,500 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.) provided that the total gross weight shall not exceed eighty-five thousand pounds (85,000 lbs.). (C) Provided, no tandem axle shall exceed thirty-four thousand pounds (34,000 lbs.) while operated on the federal interstate highways of this state. (3) No vehicle, or combination of vehicles, meeting all of the requirements of this subsection, shall be allowed any variance on overall gross weight or axle weight while operating on the federal interstate highways.

(1) A truck tractor and single semi-trailer combination with five (5) axles hauling sand, gravel, rock, or crushed stone and vehicles or combinations of vehicles with five (5) axles hauling unfinished and unprocessed farm products, forest products, or other products of the soil shall be exempt from the federal bridge formula found in subsection (e) of this section on noninterstate highways in this state.

(2) (A) A truck tractor and single semi-trailer combination with five (5) axles hauling sand, gravel, rock, or crushed stone shall comply with a tandem axle limit of thirty-four thousand pounds (34,000 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.) provided that the total gross weight shall not exceed eighty thousand pounds (80,000 lbs.). (B) Vehicles, or combinations of vehicles, with five (5) axles hauling unfinished and unprocessed farm products, forest products, or other products of the soil shall comply with a tandem axle limit of thirty-six thousand five hundred pounds (36,500 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.) provided that the total gross weight shall not exceed eighty-five thousand pounds (85,000 lbs.). (C) Provided, no tandem axle shall exceed thirty-four thousand pounds (34,000 lbs.) while operated on the federal interstate highways of this state.

(A) A truck tractor and single semi-trailer combination with five (5) axles hauling sand, gravel, rock, or crushed stone shall comply with a tandem axle limit of thirty-four thousand pounds (34,000 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.) provided that the total gross weight shall not exceed eighty thousand pounds (80,000 lbs.).

(B) Vehicles, or combinations of vehicles, with five (5) axles hauling unfinished and unprocessed farm products, forest products, or other products of the soil shall comply with a tandem axle limit of thirty-six thousand five hundred pounds (36,500 lbs.) and a single axle limit of twenty thousand pounds (20,000 lbs.) provided that the total gross weight shall not exceed eighty-five thousand pounds (85,000 lbs.).

(C) Provided, no tandem axle shall exceed thirty-four thousand pounds (34,000 lbs.) while operated on the federal interstate highways of this state.

(3) No vehicle, or combination of vehicles, meeting all of the requirements of this subsection, shall be allowed any variance on overall gross weight or axle weight while operating on the federal interstate highways.

Amended by Act 2019, No. 315,§ 3135, eff. 7/24/2019.

Acts 1955, No. 98, § 5; 1963, No. 78, § 3; 1965, No. 17, § 1; 1969, No. 103, § 1; 1971, No. 97, § 1; 1973, No. 419, §§ 1, 2; 1983, No. 7, §§ 3, 4; 1983, No. 580, §§ 1, 2; 1985, No. 415, § 1; A.S.A. 1947, §§ 75-817, 75-817.1; Acts 1987, No. 278, § 1; 1987, No. 379, § 1; 1989, No. 638, § 1; 1991, No. 1031, §§ 1, 2; 1991, No. 1139, §§ 1, 4; 1991, No. 1231, §§ 1, 2; 1992 (1st Ex. Sess.), No. 68, §§ 5, 6; 1992 (1st Ex. Sess.), No. 69, §§ 5, 6; 1995, No. 851, §§ 5, 6; 2007, No. 640, §§ 1-4; 2009, No. 493, § 1.

35_203_1 - Attachment
Ark. Code Ann. § 27-116-301 — AR Code / Title 27 / Chapter 116 / Subchapter 3 / Section 27-116-301
Crimes, torts, etc., committed in flight
Status: in_force

(a) All crimes, torts, and other wrongs committed by or against a pilot or passengers while in flight over or above the lands and waters of this state shall be governed by the laws of this state. (b) Whether damage occasioned by or to an aircraft while over this state constitutes a tort, crime, or other wrong by or against the owner of the aircraft shall be determined by the laws of this state. Acts 1941, No. 457, § 11; A.S.A. 1947, § 74-111.

(a) All crimes, torts, and other wrongs committed by or against a pilot or passengers while in flight over or above the lands and waters of this state shall be governed by the laws of this state.

(b) Whether damage occasioned by or to an aircraft while over this state constitutes a tort, crime, or other wrong by or against the owner of the aircraft shall be determined by the laws of this state.

Acts 1941, No. 457, § 11; A.S.A. 1947, § 74-111.
Ark. Code Ann. § 27-34-104 — AR Code / Title 27 / Chapter 34 / Section 27-34-104
Requirements
Status: in_force

(a) While operating a motor vehicle on a public road, street, or highway of this state, a driver who transports a child under fifteen (15) years of age in a passenger automobile, van, or pickup truck, other than one operated for hire, shall provide for the protection of the child by properly placing, maintaining, and securing the child in a child passenger restraint system properly secured to the vehicle and meeting applicable federal motor vehicle safety standards in effect on January 1, 1995. (b) A child who is less than six (6) years of age and who weighs less than sixty pounds (60 lbs.) shall be restrained in a child passenger safety seat properly secured to the vehicle. (c) If a child is at least six (6) years of age or at least sixty pounds (60 lbs.) in weight, a safety belt properly secured to the vehicle shall be sufficient to meet the requirements of this section. Amended by Act 2013, No. 224,§ 1, eff. 8/16/2013. Acts 1983, No. 749, § 2; A.S.A. 1947, § 75-2602; Acts 1995, No. 1274, § 2; 2001, No. 470, § 1; 2003, No. 1776, § 3.

(a) While operating a motor vehicle on a public road, street, or highway of this state, a driver who transports a child under fifteen (15) years of age in a passenger automobile, van, or pickup truck, other than one operated for hire, shall provide for the protection of the child by properly placing, maintaining, and securing the child in a child passenger restraint system properly secured to the vehicle and meeting applicable federal motor vehicle safety standards in effect on January 1, 1995.

(b) A child who is less than six (6) years of age and who weighs less than sixty pounds (60 lbs.) shall be restrained in a child passenger safety seat properly secured to the vehicle.

(c) If a child is at least six (6) years of age or at least sixty pounds (60 lbs.) in weight, a safety belt properly secured to the vehicle shall be sufficient to meet the requirements of this section.

Amended by Act 2013, No. 224,§ 1, eff. 8/16/2013.

Acts 1983, No. 749, § 2; A.S.A. 1947, § 75-2602; Acts 1995, No. 1274, § 2; 2001, No. 470, § 1; 2003, No. 1776, § 3.
Ark. Code Ann. § 27-50-1208 — AR Code / Title 27 / Chapter 50 / Subchapter 12 / Section 27-50-1208
Possessory lien and notice to owners and lienholders
Status: in_force

(a) (1) The towing and storage firm shall have a first priority possessory lien on the vehicle and its contents for all reasonable charges for towing, recovery, and storage for which the owner is liable. (2) (A) A possessory lien under this section attaches to not only the vehicle and its contents but also any trailer attached to the vehicle at the time it is towed and any contents of such trailer including, but not limited to, other vehicles or boats. (B) A lien under this section shall not extend to the following items, without limitation: (i) Personal or legal documents; (ii) Medications; (iii) Child-restraint seating; (iv) Wallets or purses and the contents of such; (v) Prescription eyeglasses; (vi) Prosthetics; (vii) Cell phones; (viii) Photographs; and (ix) Books. (C) The items described in subdivision (a)(2)(B) of this section shall be released without charge by the towing and storage firm to the owner or operator of the motor vehicle or his or her duly authorized representative. (b) The lien shall be perfected by: (1) Maintaining possession; (2) Mailing notice to the owner or owners and lienholders as shown on the data provided by the law enforcement agency involved as prescribed by this subchapter; or (3) In the case of a vehicle removed pursuant to § 27-50-1101 , giving notice to the last known registered owner or owners and lienholders as provided from the records of the: (A) Office of Motor Vehicle; (B) Arkansas Crime Information Center; or (C) If known, motor vehicle records of any other state where the vehicle's registration indicates the name and address of the last registered owner and the name and address of the holder of any recorded lien, if any, on the vehicle. (c) (1) The notice shall be mandatory and by certified mail, return receipt requested. (2) The notice shall be posted not sooner than two (2) business days but within eight (8) business days after the date that the towing and storage firm receives the vehicle. (d) (1) If within forty-eight (48) hours the ownership and lienholder information has not been received from the law enforcement agency requesting the removal of a vehicle pursuant to this subchapter, the towing and storage firm shall obtain information concerning the last known registered owner or owners and lienholder or lienholders as provided from the records of the: (A) Office of Motor Vehicle; (B) Arkansas Crime Information Center; or (C) If known, motor vehicle records of any other state where the vehicle's registration indicates the name and address of the last registered owner and the name and address of the holder of any recorded lien, if any, on the vehicle. (2) (A) For the purpose of notices required by this section, if the data records of the Office of Motor Vehicle or the office of motor vehicles for the state where the vehicle is registered, if known, do not contain any information as to the last known registered owner or owners and lienholder or lienholders, notice is sufficient under this section if the notice is provided by publication one (1) time in one (1) newspaper of general circulation in the county where the vehicle was found unattended, abandoned, or improperly parked and by posting on the website sponsored and managed by the Arkansas Towing and Recovery Board for that purpose. (B) (i) The notice by publication may contain multiple listings of vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail. (ii) A towing business using the website to post notice under subdivision (d)(2)(A) of this section shall: (a) Be licensed by the board under § 27-50-1203 ; and (b) Pay a reasonable fee for each notice posted on the website in an amount to be determined by the board. (e) (1) The notice shall contain the following information: (A) The year, make, model, and vehicle identification number of the vehicle towed; (B) The name, address, and telephone number of the storage facility; (C) That the vehicle is in the possession of that towing and storage firm under police order, describing the general circumstances of any law enforcement or other official hold on the vehicle; (D) That towing, storage, and administrative costs are accruing as a legal liability of the owner; (E) That the towing and storage firm claims a first priority possessory lien on the vehicle and its contents for all such charges; (F) That unless claimed within forty-five (45) days, the vehicle and its contents will be dismantled, destroyed, or sold at public sale to the highest bidder; (G) That the failure to exercise the right to reclaim the vehicle and its contents within the time prescribed by this section constitutes a waiver by the owner and lienholder of all right, title, and interest in the vehicle and its contents and constitutes consent to the sale, dismantling, or destruction of the vehicle and its contents; (H) That the owner or lienholder may retake possession at any time during business hours by appearing, proving ownership, and releasing the law enforcement or other official hold, if any, and by paying all charges or by other written arrangement between the owner or lienholder and the towing and storage firm; (I) That should the owner consider that the original taking was not legally justified, he or she has a right for thirty (30) days to contest the original taking as described by § 27-50-1207 ; and (J) That the owner of the vehicle or operator or his or her authorized representative may recover without charge any item described in subdivision (a)(2)(B) of this section by providing within forty-five (45) days to the towing and storage firm proof that the claimant is the registered owner of the vehicle or has been authorized by the registered owner of the vehicle to take possession of the items. (2) A notice to an owner of a vehicle deemed abandoned on the premises of an automobile repair facility under § 27-50-1101 shall also advise that the automobile repair person holds an absolute lien on the vehicle under § 18-45-201 et seq. (f) Nothing in this section is to preclude the owner, lienholder, or agent from making alternative arrangements within the two-day to eight-day period with the towing and storage firm, waiving his or her rights to the notice requirement. (g) When any vehicle reclaimed from the towing and storage firm by a lienholder contains contents not subject to the lienholder's interest, the lienholder shall be accountable to the owner of the contents in the same manner as the lienholder would in any other case of repossession of a vehicle, and the towing and recovery firm releasing the vehicle and its contents shall be relieved from all responsibility for the contents. (h) (1) A towing and storage firm that in good faith follows the procedures of this subchapter or the provisions of § 27-50-1101 shall not be subject to claims of unlawful detainer or conversion for vehicles or their contents for maintaining property pursuant to the possessory lien as provided by this subchapter. (2) A challenge to the removal and holding of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle as provided by this subchapter shall be controlled exclusively by the provisions of § 27-50-1207 . (3) This section shall not be construed to limit liability of the towing and storage firm for any other act or omission otherwise actionable under statutory or common law. Amended by Act 2021, No. 794,§ 3, eff. 7/28/2021. Acts 1993, No. 1000, § 7; 1997, No. 392, § 4; 1997, No. 841, § 3; 1999, No. 1279, § 5; 2001, No. 1830, § 5; 2005, No. 1878, § 7; 2005, No. 2211, § 3; 2007, No. 506, §§ 1, 2; 2007, No. 861, §§ 7, 8; 2007, No. 1053, § 11; 2009, No. 483, § 4; 2011, No. 1025, § 9.

(a) (1) The towing and storage firm shall have a first priority possessory lien on the vehicle and its contents for all reasonable charges for towing, recovery, and storage for which the owner is liable. (2) (A) A possessory lien under this section attaches to not only the vehicle and its contents but also any trailer attached to the vehicle at the time it is towed and any contents of such trailer including, but not limited to, other vehicles or boats. (B) A lien under this section shall not extend to the following items, without limitation: (i) Personal or legal documents; (ii) Medications; (iii) Child-restraint seating; (iv) Wallets or purses and the contents of such; (v) Prescription eyeglasses; (vi) Prosthetics; (vii) Cell phones; (viii) Photographs; and (ix) Books. (C) The items described in subdivision (a)(2)(B) of this section shall be released without charge by the towing and storage firm to the owner or operator of the motor vehicle or his or her duly authorized representative.

(1) The towing and storage firm shall have a first priority possessory lien on the vehicle and its contents for all reasonable charges for towing, recovery, and storage for which the owner is liable.

(2) (A) A possessory lien under this section attaches to not only the vehicle and its contents but also any trailer attached to the vehicle at the time it is towed and any contents of such trailer including, but not limited to, other vehicles or boats. (B) A lien under this section shall not extend to the following items, without limitation: (i) Personal or legal documents; (ii) Medications; (iii) Child-restraint seating; (iv) Wallets or purses and the contents of such; (v) Prescription eyeglasses; (vi) Prosthetics; (vii) Cell phones; (viii) Photographs; and (ix) Books. (C) The items described in subdivision (a)(2)(B) of this section shall be released without charge by the towing and storage firm to the owner or operator of the motor vehicle or his or her duly authorized representative.

(A) A possessory lien under this section attaches to not only the vehicle and its contents but also any trailer attached to the vehicle at the time it is towed and any contents of such trailer including, but not limited to, other vehicles or boats.

(B) A lien under this section shall not extend to the following items, without limitation: (i) Personal or legal documents; (ii) Medications; (iii) Child-restraint seating; (iv) Wallets or purses and the contents of such; (v) Prescription eyeglasses; (vi) Prosthetics; (vii) Cell phones; (viii) Photographs; and (ix) Books.

(i) Personal or legal documents;

(ii) Medications;

(iii) Child-restraint seating;

(iv) Wallets or purses and the contents of such;

(v) Prescription eyeglasses;

(vi) Prosthetics;

(vii) Cell phones;

(viii) Photographs; and

(ix) Books.

(C) The items described in subdivision (a)(2)(B) of this section shall be released without charge by the towing and storage firm to the owner or operator of the motor vehicle or his or her duly authorized representative.

(b) The lien shall be perfected by: (1) Maintaining possession; (2) Mailing notice to the owner or owners and lienholders as shown on the data provided by the law enforcement agency involved as prescribed by this subchapter; or (3) In the case of a vehicle removed pursuant to § 27-50-1101 , giving notice to the last known registered owner or owners and lienholders as provided from the records of the: (A) Office of Motor Vehicle; (B) Arkansas Crime Information Center; or (C) If known, motor vehicle records of any other state where the vehicle's registration indicates the name and address of the last registered owner and the name and address of the holder of any recorded lien, if any, on the vehicle.

(1) Maintaining possession;

(2) Mailing notice to the owner or owners and lienholders as shown on the data provided by the law enforcement agency involved as prescribed by this subchapter; or

(3) In the case of a vehicle removed pursuant to § 27-50-1101 , giving notice to the last known registered owner or owners and lienholders as provided from the records of the: (A) Office of Motor Vehicle; (B) Arkansas Crime Information Center; or (C) If known, motor vehicle records of any other state where the vehicle's registration indicates the name and address of the last registered owner and the name and address of the holder of any recorded lien, if any, on the vehicle.

(A) Office of Motor Vehicle;

(B) Arkansas Crime Information Center; or

(C) If known, motor vehicle records of any other state where the vehicle's registration indicates the name and address of the last registered owner and the name and address of the holder of any recorded lien, if any, on the vehicle.

(c) (1) The notice shall be mandatory and by certified mail, return receipt requested. (2) The notice shall be posted not sooner than two (2) business days but within eight (8) business days after the date that the towing and storage firm receives the vehicle.

(1) The notice shall be mandatory and by certified mail, return receipt requested.

(2) The notice shall be posted not sooner than two (2) business days but within eight (8) business days after the date that the towing and storage firm receives the vehicle.

(d) (1) If within forty-eight (48) hours the ownership and lienholder information has not been received from the law enforcement agency requesting the removal of a vehicle pursuant to this subchapter, the towing and storage firm shall obtain information concerning the last known registered owner or owners and lienholder or lienholders as provided from the records of the: (A) Office of Motor Vehicle; (B) Arkansas Crime Information Center; or (C) If known, motor vehicle records of any other state where the vehicle's registration indicates the name and address of the last registered owner and the name and address of the holder of any recorded lien, if any, on the vehicle. (2) (A) For the purpose of notices required by this section, if the data records of the Office of Motor Vehicle or the office of motor vehicles for the state where the vehicle is registered, if known, do not contain any information as to the last known registered owner or owners and lienholder or lienholders, notice is sufficient under this section if the notice is provided by publication one (1) time in one (1) newspaper of general circulation in the county where the vehicle was found unattended, abandoned, or improperly parked and by posting on the website sponsored and managed by the Arkansas Towing and Recovery Board for that purpose. (B) (i) The notice by publication may contain multiple listings of vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail. (ii) A towing business using the website to post notice under subdivision (d)(2)(A) of this section shall: (a) Be licensed by the board under § 27-50-1203 ; and (b) Pay a reasonable fee for each notice posted on the website in an amount to be determined by the board.

(1) If within forty-eight (48) hours the ownership and lienholder information has not been received from the law enforcement agency requesting the removal of a vehicle pursuant to this subchapter, the towing and storage firm shall obtain information concerning the last known registered owner or owners and lienholder or lienholders as provided from the records of the: (A) Office of Motor Vehicle; (B) Arkansas Crime Information Center; or (C) If known, motor vehicle records of any other state where the vehicle's registration indicates the name and address of the last registered owner and the name and address of the holder of any recorded lien, if any, on the vehicle.

(A) Office of Motor Vehicle;

(B) Arkansas Crime Information Center; or

(C) If known, motor vehicle records of any other state where the vehicle's registration indicates the name and address of the last registered owner and the name and address of the holder of any recorded lien, if any, on the vehicle.

(2) (A) For the purpose of notices required by this section, if the data records of the Office of Motor Vehicle or the office of motor vehicles for the state where the vehicle is registered, if known, do not contain any information as to the last known registered owner or owners and lienholder or lienholders, notice is sufficient under this section if the notice is provided by publication one (1) time in one (1) newspaper of general circulation in the county where the vehicle was found unattended, abandoned, or improperly parked and by posting on the website sponsored and managed by the Arkansas Towing and Recovery Board for that purpose. (B) (i) The notice by publication may contain multiple listings of vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail. (ii) A towing business using the website to post notice under subdivision (d)(2)(A) of this section shall: (a) Be licensed by the board under § 27-50-1203 ; and (b) Pay a reasonable fee for each notice posted on the website in an amount to be determined by the board.

(A) For the purpose of notices required by this section, if the data records of the Office of Motor Vehicle or the office of motor vehicles for the state where the vehicle is registered, if known, do not contain any information as to the last known registered owner or owners and lienholder or lienholders, notice is sufficient under this section if the notice is provided by publication one (1) time in one (1) newspaper of general circulation in the county where the vehicle was found unattended, abandoned, or improperly parked and by posting on the website sponsored and managed by the Arkansas Towing and Recovery Board for that purpose.

(B) (i) The notice by publication may contain multiple listings of vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail. (ii) A towing business using the website to post notice under subdivision (d)(2)(A) of this section shall: (a) Be licensed by the board under § 27-50-1203 ; and (b) Pay a reasonable fee for each notice posted on the website in an amount to be determined by the board.

(i) The notice by publication may contain multiple listings of vehicles, shall be published within the time requirements prescribed for notice by certified mail, and shall have the same contents required for a notice by certified mail.

(ii) A towing business using the website to post notice under subdivision (d)(2)(A) of this section shall: (a) Be licensed by the board under § 27-50-1203 ; and (b) Pay a reasonable fee for each notice posted on the website in an amount to be determined by the board.

(a) Be licensed by the board under § 27-50-1203 ; and

(b) Pay a reasonable fee for each notice posted on the website in an amount to be determined by the board.

(e) (1) The notice shall contain the following information: (A) The year, make, model, and vehicle identification number of the vehicle towed; (B) The name, address, and telephone number of the storage facility; (C) That the vehicle is in the possession of that towing and storage firm under police order, describing the general circumstances of any law enforcement or other official hold on the vehicle; (D) That towing, storage, and administrative costs are accruing as a legal liability of the owner; (E) That the towing and storage firm claims a first priority possessory lien on the vehicle and its contents for all such charges; (F) That unless claimed within forty-five (45) days, the vehicle and its contents will be dismantled, destroyed, or sold at public sale to the highest bidder; (G) That the failure to exercise the right to reclaim the vehicle and its contents within the time prescribed by this section constitutes a waiver by the owner and lienholder of all right, title, and interest in the vehicle and its contents and constitutes consent to the sale, dismantling, or destruction of the vehicle and its contents; (H) That the owner or lienholder may retake possession at any time during business hours by appearing, proving ownership, and releasing the law enforcement or other official hold, if any, and by paying all charges or by other written arrangement between the owner or lienholder and the towing and storage firm; (I) That should the owner consider that the original taking was not legally justified, he or she has a right for thirty (30) days to contest the original taking as described by § 27-50-1207 ; and (J) That the owner of the vehicle or operator or his or her authorized representative may recover without charge any item described in subdivision (a)(2)(B) of this section by providing within forty-five (45) days to the towing and storage firm proof that the claimant is the registered owner of the vehicle or has been authorized by the registered owner of the vehicle to take possession of the items. (2) A notice to an owner of a vehicle deemed abandoned on the premises of an automobile repair facility under § 27-50-1101 shall also advise that the automobile repair person holds an absolute lien on the vehicle under § 18-45-201 et seq.

(1) The notice shall contain the following information: (A) The year, make, model, and vehicle identification number of the vehicle towed; (B) The name, address, and telephone number of the storage facility; (C) That the vehicle is in the possession of that towing and storage firm under police order, describing the general circumstances of any law enforcement or other official hold on the vehicle; (D) That towing, storage, and administrative costs are accruing as a legal liability of the owner; (E) That the towing and storage firm claims a first priority possessory lien on the vehicle and its contents for all such charges; (F) That unless claimed within forty-five (45) days, the vehicle and its contents will be dismantled, destroyed, or sold at public sale to the highest bidder; (G) That the failure to exercise the right to reclaim the vehicle and its contents within the time prescribed by this section constitutes a waiver by the owner and lienholder of all right, title, and interest in the vehicle and its contents and constitutes consent to the sale, dismantling, or destruction of the vehicle and its contents; (H) That the owner or lienholder may retake possession at any time during business hours by appearing, proving ownership, and releasing the law enforcement or other official hold, if any, and by paying all charges or by other written arrangement between the owner or lienholder and the towing and storage firm; (I) That should the owner consider that the original taking was not legally justified, he or she has a right for thirty (30) days to contest the original taking as described by § 27-50-1207 ; and (J) That the owner of the vehicle or operator or his or her authorized representative may recover without charge any item described in subdivision (a)(2)(B) of this section by providing within forty-five (45) days to the towing and storage firm proof that the claimant is the registered owner of the vehicle or has been authorized by the registered owner of the vehicle to take possession of the items.

(A) The year, make, model, and vehicle identification number of the vehicle towed;

(B) The name, address, and telephone number of the storage facility;

(C) That the vehicle is in the possession of that towing and storage firm under police order, describing the general circumstances of any law enforcement or other official hold on the vehicle;

(D) That towing, storage, and administrative costs are accruing as a legal liability of the owner;

(E) That the towing and storage firm claims a first priority possessory lien on the vehicle and its contents for all such charges;

(F) That unless claimed within forty-five (45) days, the vehicle and its contents will be dismantled, destroyed, or sold at public sale to the highest bidder;

(G) That the failure to exercise the right to reclaim the vehicle and its contents within the time prescribed by this section constitutes a waiver by the owner and lienholder of all right, title, and interest in the vehicle and its contents and constitutes consent to the sale, dismantling, or destruction of the vehicle and its contents;

(H) That the owner or lienholder may retake possession at any time during business hours by appearing, proving ownership, and releasing the law enforcement or other official hold, if any, and by paying all charges or by other written arrangement between the owner or lienholder and the towing and storage firm;

(I) That should the owner consider that the original taking was not legally justified, he or she has a right for thirty (30) days to contest the original taking as described by § 27-50-1207 ; and

(J) That the owner of the vehicle or operator or his or her authorized representative may recover without charge any item described in subdivision (a)(2)(B) of this section by providing within forty-five (45) days to the towing and storage firm proof that the claimant is the registered owner of the vehicle or has been authorized by the registered owner of the vehicle to take possession of the items.

(2) A notice to an owner of a vehicle deemed abandoned on the premises of an automobile repair facility under § 27-50-1101 shall also advise that the automobile repair person holds an absolute lien on the vehicle under § 18-45-201 et seq.

(f) Nothing in this section is to preclude the owner, lienholder, or agent from making alternative arrangements within the two-day to eight-day period with the towing and storage firm, waiving his or her rights to the notice requirement.

(g) When any vehicle reclaimed from the towing and storage firm by a lienholder contains contents not subject to the lienholder's interest, the lienholder shall be accountable to the owner of the contents in the same manner as the lienholder would in any other case of repossession of a vehicle, and the towing and recovery firm releasing the vehicle and its contents shall be relieved from all responsibility for the contents.

(h) (1) A towing and storage firm that in good faith follows the procedures of this subchapter or the provisions of § 27-50-1101 shall not be subject to claims of unlawful detainer or conversion for vehicles or their contents for maintaining property pursuant to the possessory lien as provided by this subchapter. (2) A challenge to the removal and holding of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle as provided by this subchapter shall be controlled exclusively by the provisions of § 27-50-1207 . (3) This section shall not be construed to limit liability of the towing and storage firm for any other act or omission otherwise actionable under statutory or common law.

(1) A towing and storage firm that in good faith follows the procedures of this subchapter or the provisions of § 27-50-1101 shall not be subject to claims of unlawful detainer or conversion for vehicles or their contents for maintaining property pursuant to the possessory lien as provided by this subchapter.

(2) A challenge to the removal and holding of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle as provided by this subchapter shall be controlled exclusively by the provisions of § 27-50-1207 .

(3) This section shall not be construed to limit liability of the towing and storage firm for any other act or omission otherwise actionable under statutory or common law.

Amended by Act 2021, No. 794,§ 3, eff. 7/28/2021.

Acts 1993, No. 1000, § 7; 1997, No. 392, § 4; 1997, No. 841, § 3; 1999, No. 1279, § 5; 2001, No. 1830, § 5; 2005, No. 1878, § 7; 2005, No. 2211, § 3; 2007, No. 506, §§ 1, 2; 2007, No. 861, §§ 7, 8; 2007, No. 1053, § 11; 2009, No. 483, § 4; 2011, No. 1025, § 9.
Ark. Code Ann. § 27-101-313 — AR Code / Title 27 / Chapter 101 / Subchapter 3 / Section 27-101-313
Certificate of number with beneficiary - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Beneficiary" means one (1) individual who is designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of number issued under this chapter. (B) "Beneficiary" does not include a business, firm, partnership, corporation, association, or any other legally-created entity; (2) "Certificate of number with beneficiary" means a certificate issued for a motorboat under this chapter that indicates the present owner of the motorboat and designates a beneficiary as provided under this section; (3) "Motorboat" means a boat registered and numbered under this chapter; and (4) (A) "Owner" means an individual who holds the certificate of number to a motorboat and can include more than one (1) person but not more than three (3) persons. (B) "Owner" does not include a business, firm, partnership, corporation, association, or any other legally-created entity. (b) If the owner or joint owners want to transfer a motorboat upon death by operation of law, the owner or joint owners may request that the Revenue Division of the Department of Finance and Administration issue a certificate of number with beneficiary that includes a directive to the division to transfer the certificate of number upon the death of the owner or upon the death of all joint owners to the beneficiary named on the face of the certificate of number with beneficiary. (c) (1) To obtain a certificate of number with beneficiary, the owner of a motorboat shall submit a transfer on death application to the division to request the issuance of a certificate of number with beneficiary or a change to a certificate of number with beneficiary. (2) The owner shall provide the following information in the application: (A) 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 identification number of the motorboat; (F) The year, make, model, and length of the motorboat; (G) The printed full legal name of the owner of the motorboat; (H) The Arkansas 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 owner shall include the following with the application: (A) The certificate of number for the motorboat issued under this chapter; (B) The certificate of number application fee as provided under § 27-101-306 ; and (C) The certificate of number with beneficiary application fee of ten dollars ($10.00). (4) (A) The fee remitted under subdivision (c)(3)(C) of this section shall be deposited into the State Central Services Fund for the benefit of the division. (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 division as direct revenue. (d) The division shall not issue a certificate of number with beneficiary to an owner of a motorboat if the owner holds his or her interest in the motorboat as a tenant in common with another person. (e) The certificate of number with beneficiary issued by the division 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. (f) During the lifetime of the sole 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 number with beneficiary has been issued; and (2) The certificate of number with beneficiary is revoked by: (A) Selling the motorboat with completion of the application for transfer of the certificate of number as provided under § 27-101-309 and transferring to another person; or (B) Filing an application with the division to remove or change a beneficiary as provided under subsection (c) of this section. (g) Except as provided in subsection (f) of this section, the designation of the beneficiary in a certificate of number with beneficiary shall not be changed or revoked: (1) By will or any other instrument; (2) Because of a change in circumstances; or (3) In any other manner. (h) The interest of the beneficiary in a motorboat on the death of the sole 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 during his or her lifetime. (i) (1) (A) Upon the death of the owner, the division shall issue a new certificate of number for the motorboat to the surviving owner or, if no surviving owners, 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 number with beneficiary; and (iii) Application and payment of the certificate of number fee for the motorboat. (B) A certificate of number issued under this subsection will be subject to any existing security interest. (2) If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of number with beneficiary application as provided under this section, along with the ten-dollar ($10.00) processing fee, at the time of the application for a new certificate under this subsection. (j) The transfer of a motorboat upon the death of the owner under this section is not testamentary and is not subject to administration under Title 28. (k) The procedures and fees under § 27-101-304(g)(2) shall apply for obtaining a duplicate certificate of number with beneficiary. (l) The division may promulgate rules for the administration of this section. Acts 2011, No. 335, § 5.

(a) As used in this section: (1) (A) "Beneficiary" means one (1) individual who is designated to become the owner of a motorboat upon the death of the current owner as indicated on the certificate of number issued under this chapter. (B) "Beneficiary" does not include a business, firm, partnership, corporation, association, or any other legally-created entity; (2) "Certificate of number with beneficiary" means a certificate issued for a motorboat under this chapter that indicates the present owner of the motorboat and designates a beneficiary as provided under this section; (3) "Motorboat" means a boat registered and numbered under this chapter; and (4) (A) "Owner" means an individual who holds the certificate of number to a motorboat and can include more than one (1) person but not more than three (3) persons. (B) "Owner" does not include a business, firm, partnership, corporation, association, or any other legally-created entity.

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

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

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

(3) "Motorboat" means a boat registered and numbered under this chapter; and

(4) (A) "Owner" means an individual who holds the certificate of number to a motorboat and can include more than one (1) person but not more than three (3) persons. (B) "Owner" does not include a business, firm, partnership, corporation, association, or any other legally-created entity.

(A) "Owner" means an individual who holds the certificate of number to a motorboat and can include more than one (1) person but not more than three (3) persons.

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

(b) If the owner or joint owners want to transfer a motorboat upon death by operation of law, the owner or joint owners may request that the Revenue Division of the Department of Finance and Administration issue a certificate of number with beneficiary that includes a directive to the division to transfer the certificate of number upon the death of the owner or upon the death of all joint owners to the beneficiary named on the face of the certificate of number with beneficiary.

(c) (1) To obtain a certificate of number with beneficiary, the owner of a motorboat shall submit a transfer on death application to the division to request the issuance of a certificate of number with beneficiary or a change to a certificate of number with beneficiary. (2) The owner shall provide the following information in the application: (A) 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 identification number of the motorboat; (F) The year, make, model, and length of the motorboat; (G) The printed full legal name of the owner of the motorboat; (H) The Arkansas 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 owner shall include the following with the application: (A) The certificate of number for the motorboat issued under this chapter; (B) The certificate of number application fee as provided under § 27-101-306 ; and (C) The certificate of number with beneficiary application fee of ten dollars ($10.00). (4) (A) The fee remitted under subdivision (c)(3)(C) of this section shall be deposited into the State Central Services Fund for the benefit of the division. (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 division as direct revenue.

(1) To obtain a certificate of number with beneficiary, the owner of a motorboat shall submit a transfer on death application to the division to request the issuance of a certificate of number with beneficiary or a change to a certificate of number with beneficiary.

(2) The owner shall provide the following information in the application: (A) 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 identification number of the motorboat; (F) The year, make, model, and length of the motorboat; (G) The printed full legal name of the owner of the motorboat; (H) The Arkansas driver's license or identification card number for the owner of the motorboat; and (I) The signature of the owner of the motorboat.

(A) 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 identification number of the motorboat;

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

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

(H) The Arkansas 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 owner shall include the following with the application: (A) The certificate of number for the motorboat issued under this chapter; (B) The certificate of number application fee as provided under § 27-101-306 ; and (C) The certificate of number with beneficiary application fee of ten dollars ($10.00).

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

(B) The certificate of number application fee as provided under § 27-101-306 ; and

(C) The certificate of number with beneficiary application fee of ten dollars ($10.00).

(4) (A) The fee remitted under subdivision (c)(3)(C) of this section shall be deposited into the State Central Services Fund for the benefit of the division. (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 division as direct revenue.

(A) The fee remitted under subdivision (c)(3)(C) of this section shall be deposited into the State Central Services Fund for the benefit of the division.

(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 division as direct revenue.

(d) The division shall not issue a certificate of number with beneficiary to an owner of a motorboat if the owner holds his or her interest in the motorboat as a tenant in common with another person.

(e) The certificate of number with beneficiary issued by the division 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.

(f) During the lifetime of the sole 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 number with beneficiary has been issued; and (2) The certificate of number with beneficiary is revoked by: (A) Selling the motorboat with completion of the application for transfer of the certificate of number as provided under § 27-101-309 and transferring to another person; or (B) Filing an application with the division to remove or change a beneficiary as provided under subsection (c) 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 number with beneficiary has been issued; and

(2) The certificate of number with beneficiary is revoked by: (A) Selling the motorboat with completion of the application for transfer of the certificate of number as provided under § 27-101-309 and transferring to another person; or (B) Filing an application with the division to remove or change a beneficiary as provided under subsection (c) of this section.

(A) Selling the motorboat with completion of the application for transfer of the certificate of number as provided under § 27-101-309 and transferring to another person; or

(B) Filing an application with the division to remove or change a beneficiary as provided under subsection (c) of this section.

(g) Except as provided in subsection (f) of this section, the designation of the beneficiary in a certificate of number with beneficiary shall not be changed or revoked: (1) By will or any other instrument; (2) Because of a change in circumstances; or (3) In any other manner.

(1) By will or any other instrument;

(2) Because of a change in circumstances; or

(3) In any other manner.

(h) The interest of the beneficiary in a motorboat on the death of the sole 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 during his or her lifetime.

(i) (1) (A) Upon the death of the owner, the division shall issue a new certificate of number for the motorboat to the surviving owner or, if no surviving owners, 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 number with beneficiary; and (iii) Application and payment of the certificate of number fee for the motorboat. (B) A certificate of number issued under this subsection will be subject to any existing security interest. (2) If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of number with beneficiary application as provided under this section, along with the ten-dollar ($10.00) processing fee, at the time of the application for a new certificate under this subsection.

(1) (A) Upon the death of the owner, the division shall issue a new certificate of number for the motorboat to the surviving owner or, if no surviving owners, 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 number with beneficiary; and (iii) Application and payment of the certificate of number fee for the motorboat. (B) A certificate of number issued under this subsection will be subject to any existing security interest.

(A) Upon the death of the owner, the division shall issue a new certificate of number for the motorboat to the surviving owner or, if no surviving owners, 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 number with beneficiary; and (iii) Application and payment of the certificate of number fee for the motorboat.

(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 number with beneficiary; and

(iii) Application and payment of the certificate of number fee for the motorboat.

(B) A certificate of number issued under this subsection will be subject to any existing security interest.

(2) If the surviving owner or beneficiary chooses, he or she can submit a completed certificate of number with beneficiary application as provided under this section, along with the ten-dollar ($10.00) processing fee, at the time of the application for a new certificate under this subsection.

(j) The transfer of a motorboat upon the death of the owner under this section is not testamentary and is not subject to administration under Title 28.

(k) The procedures and fees under § 27-101-304(g)(2) shall apply for obtaining a duplicate certificate of number with beneficiary.

(l) The division may promulgate rules for the administration of this section.

Acts 2011, No. 335, § 5.