reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 9 - CENTRAL DRIVER'S RECORDS FILE (§§ 27-50-901 — 27-50-912) › Section 27-50-912 - Driver monitoring program - Reports - Definitions

(a)
As used in this section:
(1)
"Driver monitoring report" means a report issued by the Office of Driver Services to an insurer, under a written agreement between the Office of Driver Services and the insurer, that indicates whether a driver has had a traffic violation or accident during the previous month; and
(2)
"Insurer" means:
(A)
An insurance company licensed to do business in this state; or
(B)
The authorized agent of an insurance company licensed to do business in this state.
(b)
The Office of Driver Services shall establish a driver monitoring program to monitor and report the driving records of individuals at the request of an insurer.
(c)
The Office of Driver Services may enter into a written agreement with an insurer to monitor the driver record of persons holding an Arkansas driver's license and provide a monthly driver monitoring report for each insured or driver monitored. The Office of Driver Services may cancel this agreement at any time.
(d)
The driver monitoring report shall:
(1)
Indicate whether a violation is posted to the official driver record during the previous month;
(2)
Not identify the specific violation or violations posted on the driver record; and
(3)
Be used by an insurer solely to evaluate the driving record of current policyholders for reunderwriting purposes.
(e)
The Office of Driver Services is not required to provide the notice and information required by §
27-50-906(a)(1)(G)(ii)
[repealed] when issuing a driver monitoring report.
(f)
(1)
The Office of Driver Services may charge a monthly fee of not less than twelve cents (12¢) and not more than nineteen cents (19¢) for each insured monitored.
(2)
The Office of Driver Services shall authorize that one cent (1¢) of the revenues from subdivision (f)(1) of this section shall be special revenues and deposited into the State Treasury to the credit of the State Highway and Transportation Department Fund for distribution as provided in the Arkansas Highway Revenue Distribution Law, §
27-70-201
et seq.
(3)
The remaining revenues derived from subdivision (f)(1) of this section shall be deposited into the State Central Services Fund as direct revenue to be used by the Revenue Division of the Department of Finance and Administration.
(4)
The Information Network of Arkansas may charge insurers or their agents an additional fee under the Information Network of Arkansas Act, §
25-27-101
et seq., for transmitting a driver monitoring report electronically.
(g)
The insurer is required to purchase a driving record pursuant to §
27-23-117(3)
for any monitored insured or driver when the driver monitoring report indicates a violation has been posted to the driver's record during the previous month.
Added by Act 2015, No. 702,§ 6, eff. 1/1/2016.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 10 - REPORTS OF ACCIDENTS (§§ 27-50-1001 — 27-50-1007) › Section 27-50-1001 - Copies to be obtained

(a)
The Office of Driver Services shall obtain a copy of every accident report filed with the Division of Arkansas State Police as required under Acts 1937, No. 300, as amended.
(b)
The Office of Driver Services shall reimburse the Division of Arkansas State Police for the cost, if any, of preparing copies of the accident reports.
Acts 1979, No. 1037, § 1; A.S.A. 1947, § 75-1058.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 10 - REPORTS OF ACCIDENTS (§§ 27-50-1001 — 27-50-1007) › Section 27-50-1002 - Reports to be complete

(a)
No analysis shall be made by the Office of Driver Services from accident reports which do not contain sufficient information to make a fair analysis of the report.
(b)
Diagrams required on the report shall be complete with adequate descriptive narrative to determine what occurred in the accident.
(c)
All other information required in the report shall be completed by the investigating officer and all witnesses, if any, properly identified.
Acts 1979, No. 1037, § 7; A.S.A. 1947, § 75-1058.6.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 10 - REPORTS OF ACCIDENTS (§§ 27-50-1001 — 27-50-1007) › Section 27-50-1003 - Method to determine recording of accident information

(a)
The Office of Driver Services shall determine from the accident report if the information is to be placed in the driver's record by careful analysis of the report by a person duly appointed by the administrator of the Office of Driver Services.
(b)
(1)
No record of an accident shall be recorded for any person who is found not guilty in a court of competent jurisdiction after having received a citation for a traffic law violation that resulted from the investigation of the accident.
(2)
Where a conviction does not occur, the analysis shall conclude that certain persons were primarily at fault in the accident.
(c)
In the instance where a clear determination cannot be made from the investigating police officer's report of the accident, then no entry will be made in the record of any person involved in the accident.
Acts 1979, No. 1037, § 2; A.S.A. 1947, § 75-1058.1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 10 - REPORTS OF ACCIDENTS (§§ 27-50-1001 — 27-50-1007) › Section 27-50-1004 - Reports by private citizens

When a report of an accident is made by a driver of a vehicle involved in any accident, as required by §§
27-53-202
and
27-53-203
, the Office of Driver Services shall determine if sufficient evidence exists in the report to make an analysis and may require that supplemental information be filed by the person making the report or by any other person involved in the accident, before a final determination is made.
Acts 1979, No. 1037, § 3; A.S.A. 1947, § 75-1058.2.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 10 - REPORTS OF ACCIDENTS (§§ 27-50-1001 — 27-50-1007) › Section 27-50-1005 - Involvement of unattended vehicle in accident

(a)
No entry shall be made into the record of a person whose unattended vehicle has been involved in an accident unless the person's vehicle was illegally parked or the accident was the direct result of negligence on the part of the person who was responsible for the unattended vehicle at the time the accident occurred.
(b)
The determination that a vehicle was illegally parked shall be made as a result of the conviction of the person for such a violation.
Acts 1979, No. 1037, § 6; A.S.A. 1947, § 75-1058.5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 10 - REPORTS OF ACCIDENTS (§§ 27-50-1001 — 27-50-1007) › Section 27-50-1006 - Right of aggrieved driver

(a)
Any driver aggrieved by an entry into his or her record may request that the Office of Driver Services conduct a hearing for the purpose of contesting the information contained in the accident report or the method by which the decision was made to enter the information into the person's record.
(b)
(1)
The conviction of a person for a traffic violation which caused the accident shall be prima facie evidence of who was primarily at fault in the accident and no hearing shall be held where such evidence exists.
(2)
When appeals are taken from the decision of the trial court for a traffic violation, the Office of Driver Services shall immediately expunge the record of the entry made as a result of the accident report until such time as the appeal becomes final.
Acts 1979, No. 1037, § 4; A.S.A. 1947, § 75-1058.3.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 10 - REPORTS OF ACCIDENTS (§§ 27-50-1001 — 27-50-1007) › Section 27-50-1007 - Scheduling of hearings

Hearings shall be conducted in the county of residence of the driver requesting the hearing within forty-five (45) days from the date the hearing request is received by the Office of Driver Services unless another time and place is otherwise agreed to by the driver and the Office of Driver Services.
Acts 1979, No. 1037, § 5; A.S.A. 1947, § 75-1058.4.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 11 - ABANDONED VEHICLES (§§ 27-50-1101 — 27-50-1103) › Section 27-50-1103 - Wheel clamps - Definition

(a)
As used in this section, "wheel clamp" means a device fixed onto a wheel of a parked motor vehicle that renders the motor vehicle immobile.
(b)
A county, city of the first class, city of the second class, or incorporated town may by ordinance regulate the use of wheel clamps.
Added by Act 2013, No. 1364,§ 1, eff. 8/16/2013.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1201 - Applicability

(a)
This subchapter applies to a person that either:
(1)
Engages in the towing or storage of vehicles in the State of Arkansas; or
(2)
Performs vehicle immobilization service.
(b)
This subchapter does not apply to the following tow vehicles and related equipment:
(1)
Car carriers capable of carrying five (5) or more vehicles and that have authority from the Federal Motor Carrier Safety Administration;
(2)
Tow vehicles owned by a governmental entity and not used for commercial purposes;
(3)
If in compliance with §
27-35-112
, tow vehicles that are:
(A)
Registered in another state;
(B)
Operating under authority from the Federal Motor Carrier Safety Administration; and
(C)
Not regularly doing business or soliciting business in the State of Arkansas; and
(4)
Tow vehicles used for noncommercial purposes, including without limitation tow vehicles used:
(A)
For personal use;
(B)
For transporting historic, special interest, or antique vehicles; or
(C)
As parade tow vehicles.
Amended by Act 2021, No. 789,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 789,§ 1, eff. 7/28/2021.
Amended by Act 2013, No. 1421,§ 2, eff. 8/16/2013.
Amended by Act 2013, No. 1136,§ 1, eff. 8/16/2013.
Acts 1993, No. 1000, § 1; 2005, No. 1878, § 3; 2011, No. 1061, § 4.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1205 - Tagging

Any law enforcement officer or code enforcement officer as defined by municipal ordinance observing an unattended vehicle, abandoned vehicle, disabled vehicle, or inoperative vehicle on or near a public way shall:
(1)
(A)
Order immediate removal of the vehicle if it:
(i)
Is located within three feet (3') of the traveled surface of a public way; or
(ii)
Appears to create an immediate and substantial hazard to the public; and
(B)
Log the removal order accordingly; or
(2)
(A)
Tag the vehicle if it is located at a distance of three feet (3') or more from the traveled surface of a public way by securely affixing a colored form or other easily observable sticker.
(B)
The tag or sticker used under this subdivision (2) shall show:
(i)
The date and time of tagging;
(ii)
That the vehicle will be removed under this subchapter unless the vehicle is removed within twenty-four (24) hours;
(iii)
The location and telephone number where more information may be obtained; and
(iv)
The identification of the officer.
Acts 1993, No. 1000, § 5; 1999, No. 1279, § 3; 2007, No. 100, § 1; 2007, No. 1053, § 6; 2011, No. 1025, § 3.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1210 - Nonjudicial public sale

(a)
After complying with the requirements of foreclosure of liens provided by this subchapter, ownership of the vehicle and its contents shall thereupon vest in the purchaser free of all liens of any nature. Should the nonjudicial public sale produce more funds than the sum of all charges, including the costs of the sale and including a reasonable charge for processing the paperwork, the excess shall be paid as follows:
(1)
(A)
If the vehicle was removed to an impound lot at the request of a law enforcement agency as authorized by this subchapter, the excess shall be maintained for a period of one (1) year by the entity that operates the impound lot.
(B)
If the excess is not claimed during this period by the person legally entitled thereto, the moneys shall be paid to the entity operating the impound lot; or
(2)
(A)
If the vehicle was removed to a private impound lot under §
27-50-1101
, the excess shall be paid to the county clerk to the account of the person legally entitled to the excess.
(B)
The Unclaimed Property Act, §
18-28-201
et seq., shall apply to any unclaimed funds or excess moneys that have been paid to the county clerk.
(b)
Should the sale produce the same or less than the sum of all charges:
(1)
At the election of the possessory lienholder, the sale of the vehicle may be cancelled and ownership of the vehicle and its contents shall thereupon vest in the possessory lienholder as purchaser free of all liens of any nature; and
(2)
The possessory lienholder shall have a valid claim against the owner for the full amount of the charges, including the costs of the sale and including a reasonable charge for processing the paperwork, less the sale price of the vehicle and its contents.
(c)
(1)
Upon presentation of documentation to the Office of Motor Vehicle to the effect that the sale procedure provided in this subsection has been complied with protecting the rights of the owner or lienholder, the purchaser of the vehicle shall be entitled to receive a new title to the vehicle upon meeting other applicable administrative requirements of title and registration laws.
(2)
The towing and storage firm shall execute an affidavit stating that the vehicle has been towed and stored as an unattended or abandoned vehicle and that notice has been given as required in this subchapter to the registered owners and all lienholders of record.
(3)
The affidavit shall describe the vehicle by make, year, model, and vehicle identification number.
Acts 1993, No. 1000, § 9; 1997, No. 841, § 4; 2001, No. 1820, § 1; 2001, No. 1830, § 7; 2005, No. 1878, § 9; 2005, No. 2211, § 5; 2007, No. 1053, § 13; 2011, No. 872, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1211 - Disposition of funds

(a)
All fees, fines, and charges collected by the Arkansas Towing and Recovery Board under the provisions of this subchapter shall be paid to the secretary-treasurer, who shall be the custodian of all funds and shall deposit same into a bank or banks to be designated by the board.
(b)
The secretary-treasurer shall execute a bond in the amount determined by the State Risk Manager pursuant to the blanket bond program as authorized in §
21-2-601
et seq. [repealed].
(c)
The secretary-treasurer shall pay funds of the board only on vouchers signed by himself or herself and countersigned by the chair. The total expenses for all purposes and obligations of the board shall not exceed the total fees, charges, and other funds paid to the board under the provisions of this subchapter.
(d)
The secretary-treasurer shall make semiannual financial reports in detail to the board not later than January 31 and July 31 of each year, which financial reports will be kept on permanent file by the board.
Acts 1993, No. 1000, § 11; 2005, No. 1878, § 10.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1212 - Criminal penalties

(a)
It shall be unlawful for a person to:
(1)
Operate a tow vehicle in violation of this subchapter;
(2)
Operate a tow vehicle without obtaining a tow vehicle safety permit as required by the rules of the Arkansas Towing and Recovery Board;
(3)
Operate a business engaging in nonconsent towing of vehicles without first obtaining the proper tow business license as required by the rules of the board;
(4)
Give false or forged evidence to the board or to any member or an employee thereof for the purpose of obtaining a license or a tow vehicle safety permit;
(5)
Use or attempt to use an expired, suspended, or revoked license or tow vehicle safety permit; or
(6)
Violate or aid or abet any violation of this subchapter.
(b)
The Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, and county and municipal authorities may enforce §
27-50-1101
et seq. and this subchapter.
(c)
A person who pleads guilty or nolo contendere to or is found guilty of any violation under this section shall be guilty of a misdemeanor and shall be sentenced to pay a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or to be imprisoned for a period not exceeding ninety (90) days, or both.
(d)
The fines imposed and collected under this section shall be remitted as follows:
(1)
Fifty percent (50%) to the Administration of Justice Funds Section by the tenth day of each month on a form provided by the Administration of Justice Funds Section for deposit into the Arkansas Towing and Recovery Board treasury fund; and
(2)
Fifty percent (50%) to the law enforcement agency issuing the violation.
(e)
Each day of an unlawful practice proscribed by this section shall constitute a distinct and separate offense.
Amended by Act 2017, No. 707,§ 345, eff. 8/1/2017.
Acts 1997, No. 392, § 5; 2005, No. 2211, § 6; 2007, No. 861, § 9; 2009, No. 644, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1213 - Limitation on removing from the state

(a)
A towing or wrecker service licensed in a state other than Arkansas shall only remove a vehicle that was involved in a motor vehicle accident in the State of Arkansas from the site of the accident to another state if the state in which the towing or wrecker service is licensed extends the same privilege to a towing or wrecker service that is licensed in Arkansas and operating in the other state.
(b)
For the purpose of determining whether a state permits Arkansas-licensed wreckers and Arkansas-licensed towing vehicles to remove a vehicle that was involved in an accident in that state, any limitation imposed by a county, parish, city, or other political subdivision of that state is deemed an action of that state.
(c)
(1)
This section applies only to the initial removal of a vehicle from the site of an accident to a point of storage or repair.
(2)
This section does not apply to the secondary towing of a vehicle after an investigation of a motor vehicle accident is completed.
(d)
When towing a vehicle in this state, a towing or wrecker service licensed in a state other than Arkansas must comply with the provisions of this subchapter and §
27-35-112
.
Acts 2005, No. 1807, § 1; 2007, No. 1053, § 14.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1214 - Rules of order or procedure

(a)
The Arkansas Towing and Recovery Board shall prescribe its rules of order or procedure in hearings or other proceedings before it under this subchapter.
(b)
However, rules of order or procedure shall not be in conflict or contrary to the provisions of this subchapter or the Arkansas Administrative Procedure Act, §
25-15-201
et seq.
Acts 2005, No. 1878, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1215 - Summons, citation, and subpoena

(a)
It shall be the duty of the sheriffs and constables of the counties of this state and of any employee of the Arkansas Towing and Recovery Board, when so directed by the board, to execute any summons, citation, or subpoena that the board may cause to be issued and to return the summons, citation, or subpoena to the board.
(b)
(1)
The sheriffs and constables serving and returning any summons, citation, or subpoena shall be paid the same fees as provided for those services in the circuit court.
(2)
Any person, or a duly designated employee of the person, who appears before the board in response to a summons, citation, or subpoena shall be paid the same witness fee and mileage allowance as witnesses in the circuit court.
(c)
(1)
In case of failure or refusal on the part of any person to comply with any summons, citation, or subpoena issued and served as authorized, or in the case of the refusal of any person to testify or answer to any matter regarding that which he or she may be lawfully interrogated or the refusal of any person to produce his or her record books and accounts relating to any matter regarding that which he or she may be lawfully interrogated, the circuit court of any county of the State of Arkansas on application of the board may:
(A)
Issue an attachment for the person; and
(B)
Compel the person to:
(i)
Comply with the summons, citation, or subpoena;
(ii)
Appear before the board or its designated employee;
(iii)
Produce the documents specified in any subpoena duces tecum; and
(iv)
Give his or her testimony upon such matters as he or she may be lawfully required.
(2)
Any circuit court shall have the power to punish a person for contempt as in the case of disobedience of like process issued from or by any circuit court or by refusal to testify in the circuit court in response to the process, and the person shall be taxed with the costs of the proceedings.
Acts 2005, No. 1878, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1216 - Moving a total-loss vehicle from a storage facility - Definition

(a)
As used in this section, "storage facility" means a facility where a wrecked or inoperable vehicle is stored that charges storage fees to a vehicle owner as a result of the claim from the wrecked or inoperable vehicle.
(b)
(1)
(A)
If an insurance company determines that a vehicle is a total loss claim, the insurance company may authorize its agent to move the vehicle to a location of its choosing without:
(i)
The approval of the storage facility; and
(ii)
A release document from the owner.
(B)
Instead of a release document, the insurance company shall obtain a verbal release from the vehicle owner to move the total loss vehicle as provided under this section and document the verbal release in the claim file.
(2)
(A)
To authorize the moving of the vehicle, the insurance company shall submit notice by regular mail, hand-delivery, facsimile, or electronic transmission to the storage facility on company letterhead of the intent to move the vehicle.
(B)
The notice shall include:
(i)
A description of the vehicle, including its identification number;
(ii)
The identification of the agent who is to move the vehicle;
(iii)
The date the owner of the vehicle authorized release of the vehicle to the insurance company; and
(iv)
A statement that the insurance company will indemnify and hold harmless the storage facility for all liability and costs it incurs defending itself in any civil or criminal claim arising from moving the vehicle without a release document from the owner.
(C)
The owner and any lienholder of the vehicle shall receive a copy of the notice by regular mail.
(c)
The storage facility shall make the vehicle available for immediate release and removal during regular business hours of the storage facility upon receipt of:
(1)
The letter described under subdivision (b)(2) of this section;
(2)
The release of any law enforcement or other official hold; and
(3)
Settlement of all fees incurred up to and including the date of removal.
(d)
(1)
If an insurance company or its agent moves a vehicle as provided under this section, the insurance company shall indemnify and hold harmless the storage facility for liability and all expenses associated with civil or criminal claims arising from moving the vehicle without a release document from the owner.
(2)
In any action in which a storage facility prevails against an insurance company for indemnification under this subsection, in addition to any damages suffered, the storage facility shall be awarded attorney's fees and costs incurred.
(e)
This section shall not be construed to restore or grant any right, title, or interest in the vehicle or its contents as may have been waived under §
27-50-1209(a)
.
Acts 2011, No. 1206, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1217 - Reporting of towing rates

(a)
If a government entity implements a nonconsent towing rotation list, the government entity shall require each towing and storage firm that tows, removes, or stores vehicles in the government entity's jurisdiction to annually file a list of the towing and storage firm's current rates for services.
(b)
(1)
It is an unclassified violation if a towing and storage firm:
(A)
Fails to file the list required under this section; and
(B)
Engages in the towing, removal, or storage of a vehicle in the jurisdiction of the government entity with which it failed to file the list.
(2)
(A)
The first offense under subdivision (b)(1) of this section is punishable by a fine of one thousand dollars ($1,000).
(B)
The second offense or subsequent offenses under subdivision (b)(1) of this section are punishable by a fine of two thousand dollars ($2,000).
Added by Act 2015, No. 387,§ 1, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1220 - Authority to issue citations

(a)
(1)
An investigator employed by the Arkansas Towing and Recovery Board and the Director of the Arkansas Towing and Recovery Board may issue citations to a towing company, owner-operator, or tow vehicle driver for certain violations found in this subchapter.
(2)
Citations may be issued for the following offenses:
(A)
Operating a tow vehicle without a proper permit or license;
(B)
Operating a tow vehicle that has not been permitted or licensed as a tow vehicle by the State of Arkansas;
(C)
Operating a tow vehicle that is out of compliance with the safety and operating rules prescribed by the board;
(D)
Not responding within a prescribed timeframe to a request for information related to a consumer complaint;
(E)
Failure to properly post any required notifications in a conspicuous place as required by the board; or
(F)
Failure to meet the basic criteria for an adequate place of business.
(b)
(1)
The fines accessed for a violation of this section shall be set by the board.
(2)
Each fine for an individual violation should reflect the severity of the penalty and may be increased for multiple offenses or repeated violations of the same offense.
(3)
Each fine for an individual violation set by the board shall not exceed two hundred dollars ($200).
Amended by Act 2019, No. 315,§ 3155, eff. 7/24/2019.
Added by Act 2015, No. 1224,§ 2, eff. 7/22/2015.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1221 - Owner preference complaint

A complaint concerning a violation of this subchapter in conjunction with owner preference and consent towing or nonconsent towing may be filed with the Arkansas Towing and Recovery Board as authorized under §
27-50-1203
by:
(1)
A vehicle owner;
(2)
A lienholder;
(3)
An insurance provider; or
(4)
A law enforcement officer.
Added by Act 2017, No. 953,§ 6, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1222 - Nonconsent towing rotation - Heavy-duty motor vehicles - Definitions

(a)
A tow facility may participate in a law enforcement program for the rotation of towing and recovery services for unattended heavy-duty motor vehicles if:
(1)
The tow facility:
(A)
Is licensed by the Arkansas Towing and Recovery Board as a heavy-duty motor vehicle incident management tow facility;
(B)
Is current in safety inspections by the Arkansas Highway Police Division of the Arkansas Department of Transportation under the North American Standard Level I Inspection Procedure of the Commercial Vehicle Safety Alliance; and
(C)
Complies with all other applicable state and federal laws;
(2)
The tow facility:
(A)
Owns or has access to the equipment necessary to properly execute the recovery of a heavy-duty motor vehicle and clean-up of a major accident; and
(B)
Has at least one (1) owner, partner, or employee who has proof of:
(i)
Training through a nationally recognized towing and recovery program in traffic incident management or on-scene recovery techniques; or
(ii)
Five (5) or more years of experience in the towing and recovery of heavy-duty motor vehicles; and
(3)
Each tow facility owner, partner, and employee has completed four (4) hours of Traffic Incident Management Training through a program required by the board.
(b)
However, a licensed tow facility or tow business that is not licensed as a heavy-duty motor vehicle incident management tow facility may be called upon by a law enforcement agency to assist in the towing and recovery of a heavy-duty motor vehicle:
(1)
If the response time to the unattended vehicle is of the essence; and
(2)
A heavy-duty motor vehicle incident management tow facility is not available in the local area.
(c)
The board may adopt rules to implement this section.
(d)
As used in this section, "heavy-duty" means having a gross weight of at least thirty-two thousand pounds (32,000 lbs.).
Added by Act 2019, No. 1063,§ 1, eff. 1/1/2020.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1223 - Removal of unattended vehicles - Liability

(a)
The Division of Arkansas State Police, acting alone or in conjunction with another public safety agency, may, without the consent of the operator or a passenger, remove:
(1)
An unattended vehicle;
(2)
The spilled contents or cargo of an unattended vehicle; or
(3)
Motor vehicle cargo or personal property that the Arkansas Department of Transportation, the Division of Emergency Management, or the first responders on the scene of a motor vehicle accident believe is a hazardous material, hazardous waste, or regulated substance under state law or the Hazardous Materials Transportation Act,
49 U.S.C. § 5101
et seq.
(b)
The owner, the operator, or a passenger shall be liable for the costs to a state agency for the removal of the unattended vehicle, motor vehicle cargo, or personal property.
(c)
If acting in good faith and using reasonable care, a tow company, emergency medical services provider, or local law enforcement shall not be held responsible for any damages or claims that may result from the performance of a duty or the removal of an unattended vehicle, motor vehicle cargo, or personal property authorized under subsection (a) of this section.
Added by Act 2019, No. 1063,§ 2, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 50 - PENALTIES AND ENFORCEMENT (§§ 27-50-101 — 27-50-1224) › Subchapter 12 - REMOVAL OF UNATTENDED OR ABANDONED VEHICLES (§§ 27-50-1201 — 27-50-1224) › Section 27-50-1224 - Rules for towing electric vehicles

The Arkansas Towing and Recovery Board shall promulgate rules necessary for the towing, recovery, and storage of electric vehicles by October 31, 2023.
Added by Act 2023, No. 840,§ 1, eff. 8/1/2023.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 51 - OPERATION OF VEHICLES - RULES OF THE ROAD (§§ 27-51-101 — 27-51-2111) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-51-101 — 27-51-104) › Section 27-51-101 - Definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Local authorities" means all officers of counties, cities, villages, incorporated towns, or townships; and
(2)
"Public highways" means any highway, county road, state road, public street, avenue, alley, park, parkway, driveway, or any other public road or public place in any county, city, village, or incorporated towns.
Acts 1911, No. 134, § 20, p. 94; C. & M. Dig., § 7436; Pope's Dig., § 6648; A.S.A. 1947, § 75-664.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 51 - OPERATION OF VEHICLES - RULES OF THE ROAD (§§ 27-51-101 — 27-51-2111) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-51-101 — 27-51-104) › Section 27-51-102 - Penalties generally - Disposition of fines

(a)
Any person violating the provisions of this act shall, except as otherwise provided in this act, upon conviction be fined as provided by the provisions of this act.
(b)
(1)
Any offender who shall have been found guilty of any violation of any section of this act and fined and who shall within six (6) months thereafter be convicted of a second violation of such section may be fined in a sum not exceeding double the penalty provided for in this act for a first violation. In addition thereto, he or she may have his or her certificate or license issued by the Secretary of the Department of Finance and Administration revoked for a period not exceeding sixty (60) days.
(2)
For a third or subsequent violation of a section within six (6) months after the date of such violation, the certificate or license may in addition to the fine provided for the second offense be revoked for a period not exceeding six (6) months.
(c)
Any person whose license shall have been revoked for a violation of any of the provisions of this act and who shall drive or operate a motor vehicle within the State of Arkansas during the period for which his or her license shall have been revoked, or any person who having once been convicted of a failure to comply with the provisions requiring the registration by chauffeurs shall fail or refuse to comply with these provisions shall be deemed guilty of a misdemeanor and upon conviction may be fined in a sum not to exceed two hundred dollars ($200) or imprisoned in the county jail for a period not exceeding thirty (30) days, or both, at the discretion of the court.
(d)
All fines imposed for the violation of any of the provisions of this act shall be collected and disbursed under §
16-13-709
.
Amended by Act 2019, No. 910,§ 4814, eff. 7/1/2019.
Acts 1911, No. 134, § 19, p. 94; C. & M. Dig., § 7435; Pope's Dig., § 6647; A.S.A. 1947, § 75-663; Acts 2011, No. 1218, § 14.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 51 - OPERATION OF VEHICLES - RULES OF THE ROAD (§§ 27-51-101 — 27-51-2111) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-51-101 — 27-51-104) › Section 27-51-103 - Right to recover damages unaffected

(a)
Nothing in this act shall be construed to curtail or abridge the right of any person to prosecute a civil action for damages by reason of injuries to persons or property resulting from the negligent use of the highways by the driver or operator of a motor vehicle or its owner or his or her employee or agent.
(b)
In any action brought to recover any damages for injury either to person or property caused by running any motor vehicle at a greater rate of speed than designated in Acts 1911, No. 134, § 10 [repealed], the plaintiff shall be deemed to have made a prima facie case by showing the fact of the injury and that the person driving the motor vehicle was at the time of the injury running it at a rate of speed in excess of that mentioned in Acts 1911, No. 134, § 10 [repealed].
Acts 1911, No. 134, § 18, p. 94; C. & M. Dig., § 7434; Pope's Dig., § 6646; A.S.A. 1947, § 75-662.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 51 - OPERATION OF VEHICLES - RULES OF THE ROAD (§§ 27-51-101 — 27-51-2111) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-51-101 — 27-51-104) › Section 27-51-104 - Careless and prohibited driving

(a)
It shall be unlawful for any person to drive or operate any vehicle in such a careless manner as to evidence a failure to keep a proper lookout for other traffic, vehicular or otherwise, or in such a manner as to evidence a failure to maintain proper control on the public thoroughfares or private property in the State of Arkansas.
(b)
It shall be unlawful for any person to operate or drive any vehicle on the public thoroughfares or private property in the State of Arkansas in violation of the following prohibited acts:
(1)
Improper or unsafe lane changes on public roadways;
(2)
Driving onto or across private property to avoid intersections, stop signs, traffic control devices, or traffic lights;
(3)
Driving in such a manner or at such a speed so as to cause a skidding, spinning, or sliding of tires or a sliding of the vehicle;
(4)
Driving too close to or colliding with parked or stopped vehicles, fixtures, persons, or objects adjacent to the public thoroughfares;
(5)
Driving a vehicle which has any part thereof or any object extended in such fashion as to endanger persons or property;
(6)
To operate any vehicle in such a manner which would cause a failure to maintain control;
(7)
To operate or drive a vehicle wherein or whereon passengers are located in such a manner as to be dangerous to the welfare of such passengers; or
(8)
To operate a vehicle in any manner when the driver is inattentive and such inattention is not reasonable and prudent in maintaining vehicular control.
(c)
A person who violates this section shall be subject to a fine not to exceed one hundred dollars ($100).
Acts 1995, No. 807, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 51 - OPERATION OF VEHICLES - RULES OF THE ROAD (§§ 27-51-101 — 27-51-2111) › Subchapter 2 - SPEED LIMITS (§§ 27-51-201 — 27-51-217) › Section 27-51-202 - Restrictions not applicable to emergency vehicles - Definition

(a)
(1)
The prima facie speed limitations under this subchapter do not apply to authorized emergency vehicles responding to emergency calls when the driver of the emergency vehicle is operating the vehicle's emergency lights and is also operating an audible signal by bell, siren, or exhaust whistle if other vehicles are present.
(2)
The driver of an authorized emergency vehicle operated as a police vehicle is not required to operate a siren or flashing lights when operating the emergency vehicle as authorized under §
27-51-906
.
(b)
This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street, nor shall it protect the driver of any emergency vehicle from the consequence of a reckless disregard of the safety of others.
(c)
For purposes of this section, "emergency calls" means legitimate emergency situations which call for the operation of an emergency vehicle.
Amended by Act 2017, No. 793,§ 3, eff. 8/1/2017.
Acts 1937, No. 300, § 55; Pope's Dig., § 6713; A.S.A. 1947, § 75-606; Acts 2001, No. 332, § 1; 2001, No. 1415, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 51 - OPERATION OF VEHICLES - RULES OF THE ROAD (§§ 27-51-101 — 27-51-2111) › Subchapter 2 - SPEED LIMITS (§§ 27-51-201 — 27-51-217) › Section 27-51-203 - [Repealed]

Repealed by Act 2017, No. 1097,§ 2, eff. 8/1/2017.
Acts 1971, No. 61, § 1; A.S.A. 1947, § 75-601.1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 51 - OPERATION OF VEHICLES - RULES OF THE ROAD (§§ 27-51-101 — 27-51-2111) › Subchapter 2 - SPEED LIMITS (§§ 27-51-201 — 27-51-217) › Section 27-51-204 - Maximum speed limits - Exceptions

(a)
The maximum speed limits posted under §
27-51-201
shall apply to all vehicles using the facility except authorized emergency vehicles on emergency trips, such as police vehicles on duty, fire vehicles on calls, and ambulances; oversize/overweight vehicles moving under special permit issued by the Arkansas Department of Transportation or its lawfully delegated agents; and other specific vehicles for which special limits may be posted in particular situations or under particular conditions.
(b)
This exemption shall not relieve any driver of an authorized emergency vehicle from his or her lawful responsibility to drive with due regard for the safety of all persons upon or using the highway facility, nor shall it protect the operator of any such vehicle from the consequence of a reckless disregard for the safety of others.
Amended by Act 2017, No. 1097,§ 3, eff. 8/1/2017.
Amended by Act 2017, No. 707,§ 346, eff. 8/1/2017.
Acts 1971, No. 61, § 2; A.S.A. 1947, § 75-601.2.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 51 - OPERATION OF VEHICLES - RULES OF THE ROAD (§§ 27-51-101 — 27-51-2111) › Subchapter 2 - SPEED LIMITS (§§ 27-51-201 — 27-51-217) › Section 27-51-205 - Right of local authorities to enforce limits

(a)
No local authority shall alter, amend, annul, or abrogate any posted speed regulation on any facility of the state highway system, but may, in regard to facilities traversing their respective jurisdictions, petition the State Highway Commission in a hearing to present argument on such potential action.
(b)
This section is supplemental to existing law and shall in no way derogate the duty of local courts, local peace officers, and the Division of Arkansas State Police to enforce posted traffic and speed regulations within their jurisdictions.
Acts 1971, No. 61, § 3; A.S.A. 1947, § 75-601.3.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 51 - OPERATION OF VEHICLES - RULES OF THE ROAD (§§ 27-51-101 — 27-51-2111) › Subchapter 2 - SPEED LIMITS (§§ 27-51-201 — 27-51-217) › Section 27-51-206 - Local authorities may alter prima facie speed limits

(a)
Whenever local authorities within their respective jurisdictions determine upon the basis of an engineering and traffic investigation that the prima facie speed permitted under this subchapter at any intersection is greater than is reasonable or safe under the conditions found to exist at the intersection, then the local authority shall determine and declare a reasonable and safe prima facie speed limit, which shall be effective when appropriate signs giving notice are erected at such intersection or upon the approaches thereto if approved by the State Highway Commission.
(b)
Local authorities in their respective jurisdictions may, in their discretion, authorize by ordinance higher prima facie speeds than those stated in §
27-51-201
upon through highways or upon highways or portions thereof where there are no intersections or between widely spaced intersections, if signs are erected giving notice of the authorized speed, but local authorities shall not have authority to modify or alter the basic rule set forth in §
27-51-201(a)
or in any event to authorize by ordinance a speed in excess of forty-five miles per hour (45 m.p.h.).
Acts 1937, No. 300, § 52; Pope's Dig., § 6710; A.S.A. 1947, § 75-602.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 4 - MOTOR VEHICULAR TRAFFIC (§§ 27-49-101 — 27-54-101) › Chapter 51 - OPERATION OF VEHICLES - RULES OF THE ROAD (§§ 27-51-101 — 27-51-2111) › Subchapter 2 - SPEED LIMITS (§§ 27-51-201 — 27-51-217) › Section 27-51-207 - Assistance to local authorities in determining limits

Local authorities may request professional assistance of the Arkansas Department of Transportation in determining reasonable and prudent maximum and minimum speeds for arterial highways, roads, and streets not on the state highway system in their respective jurisdictions.
Amended by Act 2017, No. 707,§ 347, eff. 8/1/2017.
Acts 1971, No. 61, § 4; A.S.A. 1947, § 75-601.4.