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27-22-110. Hold on release from storage facility authorized.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-22-110. Hold on release from storage facility authorized.
(a) For purposes of this section:
(1) “Operational motor vehicle” means a motor vehicle that is driven under its own power out of a storage facility; and
(2) “Proof of compliance” means:
(A) An order of a court of competent jurisdiction issued under § 27-22-103(b);
(B) A certificate of self-insurance under § 27-19-107; or
(C) An insurance policy that meets the requirements of § 27-22-104.
(b)(1) A law enforcement agency that impounds a motor vehicle under § 27-22-109 may place a hold on the release of an operational motor vehicle from a storage facility consistent with § 27-50-1206(a)(3) until the owner or operator of the motor vehicle provides proof of compliance to the law enforcement agency.
(2) If the owner or operator provides proof of compliance to the law enforcement agency, the law enforcement agency shall release the hold on the vehicle and notify the storage facility in writing of the release.
(c) The following vehicles are exempt from a hold on release under this section:
(1) A salvage vehicle as defined under § 27-14-2301 that is acquired by an insurance company;
(2) A motor vehicle that is incapable of being driven out of the storage facility under its own power and is removed by a towing firm licensed by and subject to the rules of the Arkansas Towing and Recovery Board;
(3) A motor vehicle acquired by a lienholder if the lienholder provides to the law enforcement agency:
(A) A sworn statement in the form of either a repossession title or an affidavit that the lienholder is entitled to take immediate possession of the vehicle; and
(B) If the vehicle is to be driven from the storage facility, proof of insurance coverage as required under § 27-22-104; or
(4) A motor ve
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-22-110
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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Record provenance
Stable record: arkansas_code:legal_authorities:27-22-110
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 01366887839539112c2bf461d2c62a480355d1cb7d6e3c252d3f96a91159b6da
Source location: content.xml paragraph 9804
Stored source content
27-22-110. Hold on release from storage facility authorized.
(a) For purposes of this section:
(1) “Operational motor vehicle” means a motor vehicle that is driven under its own power out of a storage facility; and
(2) “Proof of compliance” means:
(A) An order of a court of competent jurisdiction issued under § 27-22-103(b);
(B) A certificate of self-insurance under § 27-19-107; or
(C) An insurance policy that meets the requirements of § 27-22-104.
(b)(1) A law enforcement agency that impounds a motor vehicle under § 27-22-109 may place a hold on the release of an operational motor vehicle from a storage facility consistent with § 27-50-1206(a)(3) until the owner or operator of the motor vehicle provides proof of compliance to the law enforcement agency.
(2) If the owner or operator provides proof of compliance to the law enforcement agency, the law enforcement agency shall release the hold on the vehicle and notify the storage facility in writing of the release.
(c) The following vehicles are exempt from a hold on release under this section:
(1) A salvage vehicle as defined under § 27-14-2301 that is acquired by an insurance company;
(2) A motor vehicle that is incapable of being driven out of the storage facility under its own power and is removed by a towing firm licensed by and subject to the rules of the Arkansas Towing and Recovery Board;
(3) A motor vehicle acquired by a lienholder if the lienholder provides to the law enforcement agency:
(A) A sworn statement in the form of either a repossession title or an affidavit that the lienholder is entitled to take immediate possession of the vehicle; and
(B) If the vehicle is to be driven from the storage facility, proof of insurance coverage as required under § 27-22-104; or
(4) A motor vehicle acquired subsequent to impounding by a transferee if the transferee provides to the law enforcement agency:
(A) A sworn statement in the form of an affidavit that the transferee has obtained all right, title, and interest in the vehicle;
(B) A copy of the document transferring ownership of the vehicle; and
(C) If the vehicle is to be driven from the storage facility, proof of insurance coverage as required under § 27-22-104.
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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.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-22-103. Penalty. [Effective until contingency in Acts 2019, No. 869, § 24 is met.]
(a) Except as provided in subsection (b) of this section, any person who operates a motor vehicle within this state shall be subject to a mandatory fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250) unless both the vehicle and the person's operation of the vehicle are covered by a certificate of self-insurance or an insurance policy as required under § 27-22-104(a)(1).
(b)(1) Any person who operates a motor vehicle in violation of § 27-22-104(a)(1) shall be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the second offense, and the minimum fine shall be mandatory.
(2) Any person who operates a motor vehicle in violation of § 27-22-104(a)(1) shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) or sentenced to one (1) year in jail, or both, for the third offense or for any subsequent offenses.
(3) Upon a showing that liability coverage required by §§ 27-22-101 — 27-22-104 was in effect at the time of arrest, the judge may dismiss the charge imposed under this act, and the penalties therefore shall not be imposed.
(4)(A)(i) If the person is unable to establish that liability coverage required by §§ 27-22-101 — 27-22-104 is in effect at the time of the disposition of the charge, the judge or clerk of the court shall prepare and transmit to the Office of Motor Vehicle an order suspending the registration of the motor vehicle involved in the violation until such time as the person presents proof of coverage to the Office of Motor Vehicle.
(ii) The order shall include:
(a) The name and address of the person charged;
(b) The driver's li
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-22-103
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 27-22-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-22-103. Penalty. [Effective when contingency in Acts 2019, No. 869, § 24 is met.]
(a) Except as provided in subsection (b) of this section, any person who operates a motor vehicle within this state shall be subject to a mandatory fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250) unless both the vehicle and the person's operation of the vehicle are covered by a certificate of self-insurance or an insurance policy as required under § 27-22-104(a)(1).
(b)(1) Any person who operates a motor vehicle in violation of § 27-22-104(a)(1) shall be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the second offense, and the minimum fine shall be mandatory.
(2) Any person who operates a motor vehicle in violation of § 27-22-104(a)(1) shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) or sentenced to one (1) year in jail, or both, for the third offense or for any subsequent offenses.
(3) Upon a showing that liability coverage required by §§ 27-22-101 — 27-22-104 was in effect at the time of arrest, the judge may dismiss the charge imposed under this act, and the penalties therefore shall not be imposed.
(4)(A)(i) If the person is unable to establish that liability coverage required by §§ 27-22-101 — 27-22-104 is in effect at the time of the disposition of the charge, the judge or clerk of the court shall prepare and transmit to the Office of Motor Vehicle an order suspending the registration of the motor vehicle involved in the violation until such time as the person presents proof of coverage to the Office of Motor Vehicle.
(ii) The order shall include:
(a) The name and address of the person charged;
(b) The driver's lic
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-22-103
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 27-22-103. This identifies an authority to review, not proof of applicability.
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. The source passage cites 27-22-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-22-109. Impounding motor vehicle for violation.
(a)(1) If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if the officer issues a citation for a traffic violation that is classified as an offense under § 27-50-302 and the operator has:
(A) Received three (3) or more warnings for a violation of § 27-22-104;
(B) Pleaded guilty or nolo contendere to or been found guilty of three (3) or more violations of § 27-22-104; or
(C) Received a total of three (3) or more warnings for a violation of § 27-22-104 or convictions for a violation of § 27-22-104.
(2) If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if one (1) or more of the following occur:
(A) The driver is operating a motor vehicle on a cancelled, suspended, or revoked driver's license in violation of § 27-16-303;
(B) The driver is operating the motor vehicle without a driver's license in violation of § 27-16-602; or
(C) The driver is operating a motor vehicle:
(i) Without a license plate in violation of § 27-14-304;
(ii) With an unofficial license plate in violation of § 27-14-305;
(iii) With improper use of evidence of registration in violation of § 27-14-306; or
(iv) With false evidences of title or registration in violation of § 27-14-307.
(b) If a motor vehicle is impounded under this section:
(1) The law enforcement agency shall use its towing policy as required for the towing and storage of motor vehicles under § 27-50-1207 and a towing rotation list if applicable;
(2) The pr
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-22-109
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 27-22-109. This identifies an authority to review, not proof of applicability.