Title 27, Transportation

(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 v…

(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 t…

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…

It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of the vehicle upon a highway in any manner contrary to law.

(a) Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared in this act to be a crime, whether individually or in connection with one (1) or more other persons or as principal, agent, or accessory, shall be guilty …

(a) (1) (A) When a vehicle of a type subject to registration under the laws of this state, an implement, or a piece of machinery is found abandoned on private or public property within this state or is parked on private or public property within this state without the authorizati…

(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.…

(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. (1) Engages in the towing or storage of vehicles in the State of Arkansas; or (2) Performs vehicle immobi…

(1) As used in this subchapter:(1) “Abandoned vehicle” means a vehicle deemed to be an unattended vehicle as defined in this section:(A) As to which the owner has overtly manifested some intention not to retake possession; or(B) That remains unattended, whether in its first-found…

(a) (1) There is hereby created the Arkansas Towing and Recovery Board consisting of nine (9) members appointed by the Governor and confirmed by the Senate, who shall serve terms of three (3) years.(2) (A) Three (3) members shall be actively engaged in business in the towing indu…

(a) (1) The following shall be liable for all reasonable costs of towing, recovery, storage, and other incidental costs related to a removal of a vehicle under this subchapter:(A) The owner of the vehicle;(B) The person who left the unattended vehicle or abandoned vehicle before …

(1) 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 loc…

(a) (1) For all requests to a licensed towing and storage firm to remove and store an unattended vehicle, abandoned vehicle, or impounded or seized vehicle, the law enforcement agency shall issue a written order that states the removal is for nonconsent services and shall provide…

(a) (1) A law enforcement agency that directs the removal of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle shall adopt a written vehicle removal policy, the provisions of which shall not be in conflict with this subchapter.(2) (A) Any vehicle removal po…

(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…

(a) (1) The failure of the owner or lienholder to exercise his, her, or its right to reclaim the vehicle and its contents within forty-five (45) days of the posting or publication of notice to owners and lienholders constitutes a waiver by the owner or lienholder of all right, ti…

(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 al…

(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…

(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 noncons…

(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 license…

(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 A…

(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 th…

(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 veh…

(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 curren…

(a) (1) When a consumer complaint against a towing company is filed with a law enforcement agency that administers a nonconsent written vehicle removal policy under § 27-50-1207(a)(1) against a towing company, the law enforcement agency shall submit the consumer complaint to the …

(a) (1) The Arkansas Towing and Recovery Board shall promulgate rules to establish a complaint process for the removal or suspension of a towing company from the nonconsent rotation list or imposition of fines for violation of a recognized nonconsent rotation policy upon receivin…

(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 b…

(1) 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 insuranc…

(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 manag…

(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 c…

The Arkansas Towing and Recovery Board shall promulgate rules necessary for the towing, recovery, and storage of electric vehicles by October 31, 2023.

This subchapter shall be cumulative to the laws in force relating to the functions and duties imposed upon the Department of Arkansas State Police and its successor entities under the provisions of Acts 1953, No. 122, and acts amendatory thereto. It shall also be cumulative to la…

The Arkansas Highway Police Division of the Arkansas Department of Transportation is created.

The Director of State Highways and Transportation shall appoint a Chief of the Arkansas Highway Police Division of the Arkansas Department of Transportation who shall serve at the pleasure of the director.

(a) The State Highway Commission shall establish rules governing employees of the Arkansas Highway Police Division of the Arkansas Department of Transportation. (b) Employees of the division may be required to wear some type of regalia or uniform identifying the employees as memb…

(a) The Arkansas Highway Police Division of the Arkansas Department of Transportation shall have the power and authority to enforce all laws pertaining to the unlawful operation of motor vehicles over the highways of this state. (b) This responsibility shall include, but not be l…

Any moving traffic law violation not enumerated in § 27-50-302 shall be known as a violation as defined in §§ 5-1-105 and 5-1-108, and shall be punishable as provided under § 5-4-201.

(1) The following traffic law violations shall be known as offenses and classified as indicated:(1) Except as provided in § 27-50-309(b)(2), the first offense of racing on a public highway — Class A misdemeanor;(2) Reckless driving — Class B misdemeanor;(3) Driving with lights of…

(1) The following nonmoving traffic law violations shall be classified as follows:(1) Possession of a counterfeit driver's license or a deliberately altered driver's license — Class A misdemeanor; and(2) Making a false statement to the Secretary of the Department of Finance and A…

(a) It is a misdemeanor for any person to violate any of the provisions of this act unless the violation is by this act or other law of this state declared to be a felony. (b) Every person convicted of a misdemeanor for a violation of any of the provisions of this act for which a…

(a) Any person violating any of the provisions of this act shall be guilty of a misdemeanor, unless the violation is by this act or other law of this state declared to be a felony. (b) Upon conviction, an offender shall be punished:(1) For a first conviction, by a fine of not mor…

(a) In addition to the penalties provided by law, after the conviction of any person for any moving traffic violation, the sentencing court may in disposition and assessing penalty consider the previous traffic conviction record and impose the following penalties, or combination …

(a) When the death of any person ensues within one (1) year as a proximate result of injury received by the driving of any vehicle in reckless or wanton disregard of the safety of others, the person operating the vehicle shall be guilty of negligent homicide. (b) The Secretary of…

(a) Any person who drives any vehicle in such a manner as to indicate a wanton disregard for the safety of persons or property is guilty of reckless driving. (b) (1) (A) If physical injury to a person results, every person convicted of reckless driving shall be punished upon a fi…

(a) As used in this section:(1) “Drag race” means:(A) The operation of two (2) or more motor vehicles from a point side-by-side at accelerating speeds in a competitive attempt to outdistance each other; and(B) The operation of one (1) or more motor vehicles over a common selected…

(a) It shall be unlawful for any person to operate a motor vehicle that formerly was but is not now a school bus or a motor vehicle similar in shape and form to a school bus upon the public highways and roads of this state when the vehicle is painted with the officially designate…