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27-22-104. Insurance required — Minimum coverage — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-22-104. Insurance required — Minimum coverage — Definitions.
(a)(1) It is unlawful for a person to operate a motor vehicle within this state unless the motor vehicle and the person's operation of the motor vehicle are each covered by:
(A) A certificate of self-insurance under § 27-19-107; or
(B) An insurance policy issued by an insurance company authorized to do business in this state.
(2)(A) There is a rebuttable presumption that the motor vehicle or its operation is uninsured if:
(i) The driver or the insured fails to present proof of current insurance coverage in the form of a proof-of-insurance card issued under § 23-89-213 at the time of the traffic stop or arrest; or
(ii) The online insurance verification system fails to show current insurance coverage for the driver or the insured.
(B)(i)(a) A proof-of-insurance card or any temporary proof of insurance issued by the insurance company that meets the requirements of § 23-89-213 may be presented in either paper form or electronic form.
(b) As used in subdivision (a)(2)(B)(i)(a) of this section, “electronic form” means the display of electronic images on a cellular phone or any other type of portable electronic device if the device has sufficient functionality and display capability to enable the user to display the information required under § 23-89-213 as clearly as a paper proof-of-insurance card or other paper temporary proof of insurance issued by the insurance company.
(ii) The presentment of proof of insurance in electronic form does not:
(a) Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
(b) Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.
(b) The policy shall provide
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-22-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:27-22-104
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1ff5c67e0e26ec4cc6a2a17eeadcf9d922041ccec13f44d93f9282c077229ada
Source location: content.xml paragraph 9661
Stored source content
27-22-104. Insurance required — Minimum coverage — Definitions.
(a)(1) It is unlawful for a person to operate a motor vehicle within this state unless the motor vehicle and the person's operation of the motor vehicle are each covered by:
(A) A certificate of self-insurance under § 27-19-107; or
(B) An insurance policy issued by an insurance company authorized to do business in this state.
(2)(A) There is a rebuttable presumption that the motor vehicle or its operation is uninsured if:
(i) The driver or the insured fails to present proof of current insurance coverage in the form of a proof-of-insurance card issued under § 23-89-213 at the time of the traffic stop or arrest; or
(ii) The online insurance verification system fails to show current insurance coverage for the driver or the insured.
(B)(i)(a) A proof-of-insurance card or any temporary proof of insurance issued by the insurance company that meets the requirements of § 23-89-213 may be presented in either paper form or electronic form.
(b) As used in subdivision (a)(2)(B)(i)(a) of this section, “electronic form” means the display of electronic images on a cellular phone or any other type of portable electronic device if the device has sufficient functionality and display capability to enable the user to display the information required under § 23-89-213 as clearly as a paper proof-of-insurance card or other paper temporary proof of insurance issued by the insurance company.
(ii) The presentment of proof of insurance in electronic form does not:
(a) Authorize a search of any other content of an electronic device without a search warrant or probable cause; or
(b) Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.
(b) The policy shall provide at a minimum the following coverage:
(1) Not less than twenty-five thousand dollars ($25,000) for bodily injury or death of one (1) person in any one (1) accident;
(2) Not less than fifty thousand dollars ($50,000) for bodily injury or death of two (2) or more persons in any one (1) accident; and
(3) If the accident results in damage to or destruction of property, not less than twenty-five thousand dollars ($25,000) for the damage to or destruction of property of others in any one (1) accident.
(c)(1) For purposes of this subsection, “operating motor vehicle” means a motor vehicle that is actually driven out of the government-owned and government-operated storage facility under its own power.
(2) A government-owned and government-operated storage facility for motor vehicles may refuse to release an operating motor vehicle from the storage facility if the owner of the motor vehicle cannot establish that the motor vehicle is covered by insurance as required under this section.
(3) The following are exempt from the requirements of this subsection:
(A) A motor vehicle that is considered salvage;
(B) A motor vehicle when an insurer holds the title to the motor vehicle; and
(C) A motor vehicle that is not driven out of the government-owned and government-operated storage facility under its own power.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-89-213. Proof of insurance.
(a) All insurance companies authorized to do business in this state and issuing automobile liability insurance policies in this state shall furnish to the insured a proof-of-insurance card.
(b) The proof-of-insurance card or any temporary proof of insurance issued by the insurance company shall contain the following information:
(1) The name, address, telephone number, and National Association of Insurance Commissioners' code number of the insurer;
(2) The name and telephone number of the local agent through whom the policy was issued, if any, or a blank space where a local agent's name may be stamped or filled in;
(3) The policy number;
(4) The effective date of the insurance policy coverage and the expiration date of the insurance policy coverage;
(5) The vehicle identification number and a brief description of the insured vehicle, except that an insurance card for fleet vehicles is not required to list a separate vehicle identification number for each vehicle in the fleet;
(6) The name and address of the insured person; and
(7) The designation “Excluded Driver(s)” if a person or persons are excluded from coverage under the insurance policy.
(c) At the discretion of the Insurance Commissioner, any person or insurance company that violates this section may be subject to the following penalties:
(1) Suspension or revocation of the person's or insurer's certificate of authority to transact insurance in this state under § 23-63-213; or
(2) A monetary penalty in lieu of revocation or suspension as provided under § 23-63-213.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-89-213
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-89-213. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-19-107. Self-insurers.
(a) Any religious denomination which has more than twenty-five (25) members who own motor vehicles registered in this state and which prohibits its members from purchasing insurance of any form as being contrary to its religious tenets, or any person in whose name more than twenty-five (25) vehicles are registered in this state or any political subdivision or municipality of this state, individually or collectively, may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Office of Motor Vehicle as provided in subsection (b) of this section.
(b)(1) The office may, in its discretion, upon the application of the religious denomination, person, political subdivision, or municipality, individually or collectively, issue a certificate of self-insurance when it is satisfied that the religious denomination, person, political subdivision, or municipality is possessed and will continue to be possessed of ability to pay judgments against them.
(2) The certificate may be issued authorizing a religious denomination, person, political subdivision, or municipality, individually or collectively, to act as a self-insurer for either property damage or bodily injury, or both.
(c)(1) Upon not less than five (5) days' notice and a hearing pursuant to the notice, the office may, upon reasonable grounds, cancel a certificate of self-insurance.
(2) Failure to pay any judgment within thirty (30) days after the judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-19-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-19-107. This identifies an authority to review, not proof of applicability.