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Subtitle 1. General Provisions

Chapter 1 Highway and Transportation Act of 1977

Preambles. Acts 1977, No. 192 contained a preamble which read:

“Whereas, the present and the future well-being and mobility of the citizens of the State of Arkansas are dependent upon the universal availability of balanced transportation services coordinating public and private facilities and systems to assure adequate, safe, economical, and efficient transportation; and

“Whereas, Arkansas is a large uncrowded state uniformly rich in natural resources, which is uniquely and best served by highway, road and street transport facilities; and

“Whereas, the low population density is an asset of great value in the context of the Arkansas socio-economic structure and a strongly contributing factor in the State's freedom from many of the burdensome socio-economic problems of the more populous, highly industrialized States; and

“Whereas, the demographic/geographic interface between population and area is and will continue to be predominantly dependent on an adequate highway, road and street network as the foundation for the multi-modal transport functions upon which contemporary socio-economic structures depend;

“Now, therefore … .”

Effective Dates. Acts 1977, No. 192, § 13: Feb. 17, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present welfare and future freedom of the citizens of Arkansas require an adequate and balanced transportation system, and it is necessary that this policy be carried out by a State Highway and Transportation Department through continuous, comprehensive, coordinated transportation planning with other agencies of the State having transportation responsibility, local governments, regional planning and transportation agencies or commissions, federal agencies, and private transportation facilities. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Research References

Am. Jur. 7A Am. Jur. 2d, Automobiles & Highway Traffic, § 1 et seq.

39 Am. Jur. 2d, Highways, § 1 et seq.

C.J.S. 39A C.J.S., Highways, § 1 et seq.

60 C.J.S., Motor Vehicles, § 1 et seq.

27-1-101. Title.

This chapter shall be known and may be cited as the “Highway and Transportation Act of 1977”.

History. Acts 1977, No. 192, § 1, A.S.A. 1947, § 76-2801.

27-1-102. Legislative intent.

It is the declared transportation policy of the General Assembly of the State of Arkansas to enhance the social and economic well-being of the citizenry of this state by requiring coordination of public and private transportation activities and the effective implementation of a safe and efficient total transportation system.
1. The purpose of this chapter is to effectuate the transportation policy set out in subsection (a) of this section by preparing and coordinating a comprehensive, balanced, multimodel transportation plan for the state, including, but not limited to, airways, highways, railways, waterways, bicycling, mass transit, and other transportation facilities and services, whether publicly or privately owned, developed, operated, or maintained.
2. To this end, the Arkansas Department of Transportation is directed to establish and maintain coordination with all agencies of the state having transportation responsibility; local, city, and county governments; regional planning and transportation districts, commissions, and authorities; and private transportation agencies.
3. The General Assembly further directs that each agency, authority, board, commission, department, and institution of the state and its political subdivisions regularly or intermittently involved in any effort concerning public transportation planning and operation in the state shall inform the Arkansas Department of Transportation of its transportation plans for the future.
4. It is further directed that all transportation proposals by any public agency, authority, board, commission, department, or institution of the state and its political subdivisions involving any form of public transportation service to be operated on state highways shall be reviewed by the State Highway Commission as to its economy, effectiveness, efficiency, and equity in the overall transportation function of the state, its reciprocal relationships, and its coordination in the total transportation planning process for the state.

History. Acts 1977, No. 192, §§ 2, 3; A.S.A. 1947, §§ 76-2802, 76-2803; Acts 1995, No. 1296, § 90; 2017, No. 707, § 306.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b)(2).

27-1-103. Definition.

As used in this chapter, “service” or “services” means either or both freight and passenger transport, whether by air, land, or water.

History. Acts 1977, No. 192, §§ 4, 5; A.S.A. 1947, §§ 76-2804, 76-2805; Acts 2017, No. 707, § 307.

Amendments. The 2017 amendment deleted former (a)(1), (a)(2), (b)(1), and (b)(2); and deleted the (a) and (a)(3) designations.

27-1-104. Powers of certain entities unabrogated — Coordination expected.

In coordinating the statewide transportation planning, the existing authority and responsibilities of local governing bodies, the Arkansas Public Service Commission, and the Arkansas Transportation Commission [abolished], as provided in § 23-2-201 et seq., shall not be abridged or abrogated.
1. In the area of marine and aviation facilities and services, it is the intent of this chapter that the various state and local airport commissions and the Arkansas Waterways Commission's authority, powers, and responsibilities shall remain intact.
2. However, the various state and local airport commissions and the Arkansas Waterways Commission shall inform the Arkansas Department of Transportation of their plans in order that total transportation planning can be achieved and made available for incorporation in a comprehensive growth plan for the state.

History. Acts 1977, No. 192, § 7; A.S.A. 1947, § 76-2806; Acts 2017, No. 707, § 308.

Publisher's Notes. Acts 1989 (1st Ex. Sess.), No. 153, § 2, provided, in part:

“Wherever the words ‘Arkansas Transportation Commission’ or ‘Transportation Safety Agency’ are used in any provision of the Code, the Acts of Arkansas or any statute, directive, rule or regulation, they shall be hereafter held and taken to mean the Arkansas State Highway and Transportation Department.”

Amendments. The 2017 amendment redesignated former (b) as (b)(1) and (b)(2); and, in (b)(2), substituted “the various state and local airport commissions and the Arkansas Waterways Commission” for “they” and substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-1-105. Rail service — Powers and duties.

The Arkansas Department of Transportation is authorized to exercise those powers necessary for the state to qualify for rail service preservation subsidies or other transportation assistance under the provisions of any federal act. The department shall:
1. Establish a state plan for rail transportation and local rail services;
2. Administer and coordinate the state plan;
3. Provide in the plan for the distribution of federal rail service preservation subsidies or other federal assistance; and
4. Provide satisfactory assurance on behalf of the state that such fiscal control and fund accounting procedures will be adopted by the state as may be necessary to assure proper disbursement of an account for federal funds paid to the state.
The department is authorized to provide financial assistance, within the limits of the funds appropriated for this purpose, for the preservation of operations and maintenance of any railroad within the state, as provided for in relevant federal legislation.
The department may cooperate with other states in connection with the preservation of any rail services within this state. In carrying out the authority conferred by this section, the department may enter into general contractual arrangements with other states.
The department may contract with any domestic or foreign person, firm, corporation, agency, or government to provide, maintain, or improve rail transportation service within this state.

History. Acts 1977, No. 192, § 8; A.S.A. 1947, § 76-2807; Acts 2017, No. 707, § 309.

Amendments. The 2017 amendment, in (a), substituted “Department of Transportation” for “State Highway and Transportation Department”, and made a stylistic change.

27-1-106. Mass transit — Findings — Powers and duties.

The General Assembly finds that:
1. Transportation is a critical problem for the elderly, individuals with disabilities, and others without access to the use of a private automobile;
2. Public transportation in the rural and small urban areas in Arkansas is lacking;
3. Public transportation in many instances is no longer a profitable undertaking for private enterprise acting alone;
4. Public subsidy of public transportation, whether privately or publicly operated, is often necessary to provide needed transportation services;
5. The variety of federal, state, and local activities in providing public transportation services requires coordination for optimal utilization of and maximum benefit from public resources;
6. Communities require technical assistance in addressing their public transportation needs; and
7. It is in the best interest of the people of Arkansas to develop programs providing solutions for the above concerns.
To this end, the Arkansas Department of Transportation shall:
1. Coordinate research into the problems of mass transit and reasonable solutions; and
2. Realize the economies of organized coordinated transport service in order to eliminate the substantial waste in uncoordinated and often duplicated efforts which are particularly troublesome in view of the limited fiscal resources of the smaller urbanized areas and urban places peculiar to the Arkansas demographic situation.
The department is authorized to exercise those powers necessary for the state to qualify for urban mass transportation administration funds and any other public transit funds or other transportation assistance pursuant to the provisions of any federal or state act.
The department is authorized to provide financial assistance within the limits of the funds appropriated for this purpose for capital or operating assistance to urban mass transportation systems within the state as provided for in relevant federal or state legislation.
The department may cooperate with other states in connection with the improving, initiating, maintaining, planning, or preserving of any public transit program within this state. In carrying out the authority conferred by this subsection, the department may enter into general contractual arrangements with other states.
The department may contract with any domestic or foreign person, firm, corporation, agency, or government to improve, initiate, maintain, plan, or preserve any public transit service within this state.

History. Acts 1977, No. 192, § 9; A.S.A. 1947, § 76-2808; Acts 1997, No. 208, § 29; 2017, No. 707, § 310.

A.C.R.C. Notes. Acts 1997, No. 208, § 1, as reenacted by Acts 2017, No. 255, § 1, provided: “Legislative intent and purpose. The General Assembly hereby acknowledges that many of the laws relating to individuals with disabilities are antiquated, functionally outmoded, derogatory, and ambiguous or are inconsistent with more recently enacted provisions of the law. Consequently, it is the intent of the General Assembly and the purpose of this act to clarify the relevant chapters of Titles 1, 6, 9, 13, 14, 16, 17, 20, 22, 23, and 27 of the Arkansas Code of 1987 Annotated.”

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (b).

27-1-107. Rules — Reorganization.

The Arkansas Department of Transportation shall adopt and promulgate reasonable rules and reorganize as necessary to carry out the responsibilities delegated to it under this chapter.

History. Acts 1977, No. 192, § 10; A.S.A. 1947, § 76-2809; Acts 2017, No. 707, § 311; 2019, No. 315, § 3076.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

The 2019 amendment deleted “and regulations” following “rules” in the section heading and in the text.

Chapter 2 Hazardous Materials Transportation Act of 1977

Cross References. Management of hazardous waste, § 8-7-201 et seq.

No civil liability for good samaritans assisting at hazardous materials accidents, § 8-7-101.

Effective Dates. Acts 1977, No. 421, § 11: Mar. 15, 1977. Emergency clause provided: “It has been found and is declared by the General Assembly of the State of Arkansas that the transportation of hazardous materials in immediate containers which do not bear adequate warnings, the failure of carriers to use adequate immediate containers, the failure of carriers to provide adequate emergency equipment to deal with escaping hazardous materials and the failure of public authorities to receive prompt notice of such escapes present an intolerable hazard to the safety of the people of Arkansas, and to the environment of the State; that there is an urgent need to require the labeling of immediate containers of hazardous materials, the use of adequate immediate containers and to provide for adequate emergency equipment and the prompt notification of public authorities of the escape of such materials; and that this Act is designed to correct this situation and should be given effect at the earliest possible date. Therefore, an emergency is declared to exist, and this Act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its passage and approval.”

Acts 1991, No. 769, § 5: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the Seventy-Eighth General Assembly of the State of Arkansas that Arkansas Code § 27-2-103 is incompatible with Federal Motor Carrier Safety Regulations; that unless Arkansas Code § 27-2-1032 is amended, the federal funds received by the State for highway safety programs of this State will be in jeopardy; that such federal funds are essential to the highway safety programs of this State, in particular federal funds received by the State under the Motor Carrier Safety Assistance Program (MCSAP) which funds are utilized in assisting the monitoring and enforcement of the safety of trucks on this State's highways, roads, and streets; and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1991, could work irreparable harm upon the proper administration and provision of this essential highway safety program. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1991.”

Acts 1999, No. 1255, § 5: Apr. 8, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that unless certain limited exemptions available to transporters of hazardous materials, which exemptions are allowable in accordance with United States Department of Transportation regulations, are specifically authorized by state law, these exemptions will not be available to such transporters. It is further found that unless these exemptions are authorized, a hardship will result to such transporters, including farmers transporting agricultural products, as well as transporters of petroleum products, and, in order to avoid this hardship, this act should take effect immediately upon its passage and approval. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Research References

Am. Jur. 61C Am. Jur. 2d, Pollution Control, § 1156 et seq.

27-2-101. Title.

This chapter shall be known as and may be cited as the “Hazardous Materials Transportation Act of 1977”.

History. Acts 1977, No. 421, § 1; A.S.A. 1947, § 76-2901.

Cross References. Arkansas Hazardous and Toxic Materials Emergency Notification Act, § 12-79-101 et seq.

27-2-102. Definitions.

As used in this chapter:

“A label which provides an adequate warning” means a label firmly affixed, clearly legible, conspicuously displayed, and readily accessible for reading which meets the following standards:
1. Standards established by the laws or regulations of the United States, or by any agency of the United States, and in effect on March 15, 1977, affirmatively requiring the use of a label on containers of hazardous materials;
2. Standards established by the Arkansas Pesticide Control Act, § 2-16-401 et seq., and rules adopted pursuant to it affirmatively requiring the use of a label on containers of hazardous materials;
3. Standards established by the Arkansas Department of Transportation, by rule, with reference to labeling of containers of hazardous materials; or
4. In the absence of applicable standards in any of the preceding categories, the following standards:
  1. The name and place of business of the manufacturer, packer, distributor, or seller;
  2. The common or usual name, if any, the chemical name, and the chemical composition of the hazardous material;
  3. The signal word “DANGER” on substances which are extremely flammable, combustible, corrosive, or highly toxic;
  4. The signal word “WARNING” or “CAUTION” on all other hazardous materials;
  5. An affirmative statement of the principal hazard or hazards such as “Flammable”, “Combustible”, “Vapor harmful”, “Causes burns”, “Absorbed through skin”, or similar wording descriptive of the hazard;
  6. Precautionary measures describing the action to be followed or avoided;
  7. Instructions, when necessary or appropriate, for first aid treatment;
  8. The word “POISON” for any hazardous material which is capable of producing substantial personal injury or illness to human beings through ingestion, inhalation, or absorption through any body surface; and
  9. Instructions for handling and storage of containers which require special care in handling or storage;
“Adequate emergency equipment” means equipment and procedures for the use of the equipment which are:
1. Reasonably adapted to the containment or neutralization of hazardous materials which escape from immediate containers;
2. Reasonably transportable in or on the transporting equipment;
3. Reasonably operable by the operator of the transporting equipment;
4. Reasonably available; and
5. Otherwise required, by rule, by the department;
“Adequate immediate container” means an immediate container which meets all applicable standards established by the laws of the United States, or by any agency of the United States by regulation in effect on March 15, 1977, or by the department, by rule, with reference to the adequacy of such a container to contain the materials within it. In the absence of applicable standards, an “adequate immediate container” means a container designed and constructed so as to contain the items or substances within it without escape during any customary or reasonably foreseeable handling or use during transportation;
“Carrier” means a person engaged, directly or by agent or employee, in the transportation of property by land, air, or water as a common, contract, or private carrier;
[Repealed.]
1. “Hazardous material” means any substance or mixture of substances which:
  1. Is toxic;
  2. Is corrosive;
  3. Is an irritant;
  4. Is a strong sensitizer;
  5. Is flammable or combustible;
  6. Generates pressure through decomposition, heat, or other means;
  7. Has been defined as such by the laws of the United States or by an agency of the United States, by regulation; or
  8. Has been defined as such by the department, by rule.(B) It is the purpose of this definition to include any and all substances or mixtures of substances which pose a significant risk of substantial personal injury or substantial illness or substantial pollution to land, water, or air of Arkansas as a result of the unforeseen escape of such a substance or mixtures of substances during transportation;
“Immediate container” means any receptacle which is designed to contain items or substances and prevent their escape into the environment. This definition includes, but is not limited to, bottles, boxes, cans, drums, chemical tank cars, and tank trucks;
“Transport” means shipping or transportation of property by carrier where the shipping or transportation is in furtherance, incidentally or necessarily, of the business of the carrier; and
All terms not otherwise defined in this section shall have the same definitions as set forth in §§ 23-13-203 and 23-13-206 unless clearly inconsistent with the purposes of this chapter.

History. Acts 1977, No. 421, § 2; A.S.A. 1947, § 76-2902; Acts 2017, No. 707, §§ 312, 313; 2019, No. 315, §§ 3077-3080.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (1)(C); and repealed (5).

The 2019 amendment substituted “rules” for “regulations” in (1)(B); and substituted “rule” for “regulation” throughout the section.

27-2-103. Prohibited acts — Exceptions.

It shall be unlawful for any person to knowingly:
1. Transport or cause to be transported within this state hazardous material in an immediate container which does not bear a label which provides an adequate warning;
2. Transport or cause to be transported within this state hazardous material in an immediate container without carrying adequate emergency equipment;
3. Transport or cause to be transported within this state a hazardous material in a container other than an adequate immediate container;
4. Fail to utilize adequate emergency equipment promptly and properly, to the extent possible without serious risk of personal injury, in order to deal with the escape of a hazardous material from its immediate container when the person is the operator of the transporting equipment;
5. Fail to notify the Division of Arkansas State Police as promptly as reasonably possible of the escape of a hazardous material from its immediate container when the person is the carrier or is the operator of the transporting equipment; or
6. Violate any rule promulgated by the State Highway Commission pursuant to this chapter.
1. Any and all exceptions to the requirements contained in subsection (a) of this section allowed transporters of agricultural products, petroleum products, a material of trade, or any others, as set out in 49 C.F.R. pt. 173, including, but not limited to, 49 C.F.R. §§ 173.5, 173.6, and 173.8, shall be allowable to the transporters provided that all the requirements to avail these transporters of those exemptions, which requirements are set out in these United States Department of Transportation regulations, are met by the transporters.
2. Further provided, if the United States Department of Transportation or the United States Congress adopts exceptions greater than those currently allowed transporters of hazardous materials in 49 C.F.R. pt. 173, the Arkansas Department of Transportation may adopt such comparable exemptions as are applicable to the transporters while utilizing the highways of this state.
The provisions of subdivision (a)(5) of this section shall not apply to persons while operating farm vehicles of whatever size upon agricultural land owned, leased, or rented by the persons or their employers.

History. Acts 1977, No. 421, §§ 6, 7; A.S.A. 1947, §§ 76-2906, 76-2907; Acts 1991, No. 769, § 1; 1999, No. 1255, § 1; 2017, No. 707, § 314; 2019, No. 315, § 3081.

Amendments. The 2017 amendment, in (b)(2), inserted “United States” following “if the” and substituted “Department of Transportation” for “State Highway and Transportation Department”.

The 2019 amendment substituted “rule” for “regulation” in (a)(6).

27-2-104. Violations.

Violation of any provisions of § 27-2-103 is a Class A misdemeanor.
Each violation of this chapter and each noncomplying immediate container transported in violation of it shall constitute a separate offense.

History. Acts 1977, No. 421, § 8; A.S.A. 1947, § 76-2908.

27-2-105. Enforcement.

The enforcement personnel of the Division of Arkansas State Police and enforcement personnel of the Arkansas Department of Transportation shall have the authority to enforce the provisions of this chapter.

History. Acts 1977, No. 421, § 5; A.S.A. 1947, § 76-2905; Acts 2017, No. 707, § 315.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-2-106. Additional rules authorized.

1. In addition to the specific authority granted to the Arkansas Department of Transportation by this chapter to define terms and impose additional requirements, by rule, the department shall have the authority to promulgate additional rules, in the manner provided by law, in furtherance of this chapter.
2. These rules may include, but are not limited to, the establishment of reasonable safeguards in the transportation of hazardous materials, including, as the department finds appropriate, the use of escort vehicles and the temporary prohibition of transportation of hazardous materials during unsafe conditions, the establishment of a system requiring notification of public authorities prior to transportation of hazardous materials, the adoption by reference of laws or regulations of the United States, and the maintenance of records.
The department is empowered to enforce this chapter by any and all civil or criminal remedies provided by law.
All portions of this chapter, except this section, shall be fully operable and effective without the enactment of rules by the department.
Nothing contained within this chapter or requirements imposed by it shall be construed so as to relieve any person from the necessity of complying with any applicable laws or regulations of the United States.

History. Acts 1977, No. 421, § 3; A.S.A. 1947, § 76-2903; Acts 2017, No. 707, § 316; 2019, No. 315, §§ 3082, 3083.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(1).

The 2019 amendment substituted “rules” for “regulations” throughout (a) and (c); and substituted “rule” for “regulation” in (a)(1).

27-2-107. No additional requirements imposed on railroads.

Nothing contained in this chapter shall be construed as imposing any requirement or obligation on railroad carriers beyond the requirements and obligations imposed upon railroad carriers by applicable laws and regulations of the United States, including, without limitation, those pertaining to immediate containers, adequate immediate containers, adequate emergency equipment, if any, and labeling, all to the end that any railroad carrier which is in compliance with the laws and regulations of the United States shall be deemed to be in compliance with this chapter.

History. Acts 1977, No. 421, § 7; A.S.A. 1947, § 76-2907.

27-2-108. Conformity with Arkansas Administrative Procedure Act.

All rules proposed and adopted by the Arkansas Department of Transportation under this chapter and all other actions of the department taken under the authority and responsibility prescribed in this chapter shall be in conformity with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

History. Acts 1977, No. 421, § 4; A.S.A. 1947, § 76-2904; Acts 2017, No. 707, § 317; 2019, No. 315, § 3084.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”; and made stylistic changes.

The 2019 amendment deleted “and regulations” following “rules”.

Chapter 3 Arkansas Public Transportation Coordination Act

Effective Dates. Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 1354, § 51: Apr. 14, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act affects the method of selection of alternate members of the Legislative Council and Legislative Joint Auditing Committee and that this act is immediately necessary for proper continuity and efficiency in State government. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2015 (1st Ex. Sess.), Nos. 7 and 8, § 153: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Building Authority, the Arkansas Science and Technology Authority, the Department of Rural Services, and the Division of Land Surveys of the Arkansas Agriculture Department are inefficiently structured; that this inefficient structuring causes an excessive and unnecessary cost to the taxpayers of the this state; and that this act is essential to alleviating that financial burden. Therefore, an emergency is declared to exist, and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-3-101. Title.

This chapter may be known and may be cited as the “Arkansas Public Transportation Coordination Act”.

History. Acts 1993, No. 353, § 1.

27-3-102. Legislative determination.

Adequate and efficient public transportation is essential to the well-being of many of our state's citizens and the economic growth of both urban and rural areas. It is the purpose and intent of this chapter to have a general public transportation policy which encourages the planning, development, implementation, operation, and evaluation of efficient and coordinated transportation systems, both public and private. While the leadership and coordination in the development of public transportation policy and programs is vested in the Arkansas Department of Transportation by statutory authority, a number of departments, agencies, and other legally constituted bodies are involved in the implementation and operation of public transportation services, and the policy and programs should be developed with their advice and recommendations.

History. Acts 1993, No. 353, § 2; 2017, No. 707, § 318.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department”.

27-3-103. Arkansas Public Transportation Coordination Council established.

There is hereby established the Arkansas Public Transportation Coordination Council, which shall consist of twelve (12) members.
The members shall be as follows:
1. 1. There shall be three (3) members of the Arkansas Public Transportation Coordination Council appointed by the Governor to serve for terms of four (4) years:
    1. One (1) member shall be appointed to represent the transit operators and shall be directly involved with the management of a public transit system;
    2. One (1) member shall be appointed to represent the consumers of public transportation services; and
    3. One (1) member shall be appointed as a member at large.
  2. In the event of a vacancy on the Arkansas Public Transportation Coordination Council of one (1) of the gubernatorial positions due to death, resignation, or other reason, the vacancy shall be filled for the unexpired portion of the term by appointment of the Governor of a person meeting the same qualifications as are required for the initial appointment;
2. The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each appoint one (1) person to serve at their pleasure who is not a member of the General Assembly;
3. The remaining seven (7) members of the Arkansas Public Transportation Coordination Council shall be:
  1. The Secretary of the Department of Human Services or his or her designee;
  2. The Director of State Highways and Transportation or his or her designee;
  3. The Secretary of the Department of Health or his or her designee;
  4. The Chair of the Arkansas Economic Development Council or his or her designee;
  5. The Director of the Arkansas Economic Development Commission or his or her designee;
  6. The Director of the University of Arkansas Cooperative Extension Service or his or her designee; and
  7. The Chair of the Arkansas Workforce Development Board or his or her successor or designee.
The Arkansas Public Transportation Coordination Council shall elect by majority vote one (1) of its members to serve as chair and one (1) of its members to serve as vice chair for such terms as are determined by the Arkansas Public Transportation Coordination Council.
The Arkansas Public Transportation Coordination Council shall have the power to prescribe and issue, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such reasonable rules as may be necessary to carry out the provisions of this chapter.
The Arkansas Public Transportation Coordination Council shall meet at the call of the Chair of the Arkansas Public Transportation Coordination Council.
Seven (7) members of the Arkansas Public Transportation Coordination Council constitute a quorum, and a majority vote of the members present is necessary for any action taken by the Arkansas Public Transportation Coordination Council.
The members of the Arkansas Public Transportation Coordination Council shall serve without compensation provided that in the event that funds shall be available for such purposes, the members may receive expense reimbursement as provided in § 25-16-901 et seq.

History. Acts 1993, No. 353, § 3; 1997, No. 250, § 245; 1997, No. 540, § 61; 1997, No. 1354, § 45; 1999, No. 935, § 8; 1999, No. 991, § 1; 2001, No. 1288, § 26; 2015 (1st Ex. Sess.), No. 7, § 136; 2015 (1st Ex. Sess.), No. 8, § 136; 2019, No. 315, § 3085; 2019, No. 910, § 5119.

Amendments. The 2015 amendment by Acts 2015 (1st Ex. Sess.), Nos. 7 and 8 substituted “Arkansas Economic Development Commission” for “Department of Rural Services” in (b)(3)(E).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (d).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Human Services” for “Director of the Department of Human Services” in (b)(3)(A); substituted “Secretary of the Department of Health” for “Director of the Department of Health” in (b)(3)(C); and substituted “Director of the Arkansas Economic Development Commission” for “Executive Director of the Arkansas Economic Development Commission” in (b)(3)(E).

27-3-104. Definitions.

As used in this chapter:

“Coordination” means the arrangement for the provision of transportation to the general public in a manner that is cost effective, efficient, and reduces fragmentation and duplication of services;
“Council” means the Arkansas Public Transportation Coordination Council;
[Repealed.]
“Federal agency” means any department, office, council, or agency of the federal government;
“Local agency” means any entity of a city, town, municipality, county, or other local governing body or a private nonprofit transportation service-providing agency;
“Public transportation” means every conveyance of human passengers by bus, van, or any other ground surface vehicle which is provided to the general public or selected groups thereof on a regular or continuing basis;
“State” means the State of Arkansas;
“State agency” means any department, board, commission, office, or agency of the State of Arkansas; and
“Transportation disadvantaged” means those persons who because of physical or mental disability, income status, or age are unable to transport themselves and are therefore dependent upon others for transportation services.

History. Acts 1993, No. 353, § 4; 2017, No. 707, § 319.

Amendments. The 2017 amendment repealed (3).

27-3-105. Purpose — Rights and responsibilities.

The Arkansas Public Transportation Coordination Council, by and through the Arkansas Department of Transportation, is to accomplish the coordination of transportation services provided to the general public, particularly the transportation-disadvantaged.
The goal of this coordination shall be to assure the cost-effective provision of public transportation by qualified transportation operators.
In carrying out this purpose, the council shall:
1. Serve as a clearinghouse for information relating to public transportation services, funding sources, innovations, and coordination efforts;
2. Establish statewide objectives for providing public transportation services for the general public, particularly the transportation-disadvantaged;
3. Develop policies and procedures for the coordination of federal, state, and local funding for public transportation facilities and services;
4. Identify barriers prohibiting the coordination and accessibility of public transportation services and aggressively pursue the elimination of these barriers;
5. Assist communities in developing public transportation systems available for public use, with special emphasis on serving the transportation-disadvantaged;
6. Assure that all procedures, guidelines, and directives issued by state agencies are conducive to the coordination of public transportation services and facilities;
7. Develop standards covering coordination, operation, costs, and utilization of public transportation services;
8. 1. Through the department, have the authority to apply for and accept funds, grants, gifts, and services from federal, state, local, or private funding sources.
  2. Funds acquired or accepted under subdivision (c)(8)(A) of this section shall be solely for the purpose of carrying out the council's responsibilities;
9. 1. Review, monitor, and coordinate all funding requests for state and federal grants to be used for the provision of public transportation services.
  2. The funds shall be available only to those entities participating in an approved coordinated transportation system or an entity which has been granted a waiver by the council; and
10. Coordinate all public transportation programs with the appropriate local, state, and federal agencies and public transit agencies to ensure compatibility with existing transportation systems.

History. Acts 1993, No. 353, § 6; 2017, No. 707, § 320.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-3-106. Administrative support.

Administrative support shall be provided by the Arkansas Department of Transportation.
The department shall employ such personnel as may be necessary to perform adequately the functions of the Arkansas Public Transportation Coordination Council within the limitations of the department's annual appropriations act.
The department may utilize any state-appropriated funds or federal funds available for such purposes.

History. Acts 1993, No. 353, § 5; 2017, No. 707, § 321.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-3-107. Interagency support.

To implement the highest level of interagency cooperation, each state agency whose functions involve the administration of programs which directly or indirectly fund the purchase of public transportation services, equipment, facilities, or support operating assistance shall be required to issue policies advocating support for coordinated public transportation and the recommendations coming forth from the Arkansas Public Transportation Coordination Council.
Each state agency which is requested by the council to submit information necessary to carry out the purpose of this chapter shall do so in a cooperative and timely manner.

History. Acts 1993, No. 353, § 7.

Chapters 4-12

[Reserved]

Subtitle 2. Motor Vehicle Registration and Licensing

Chapter 13 General Provisions

Effective Dates. Acts 1997, No. 974, § 21: Jan. 1, 1998.

27-13-101. [Repealed.]

Publisher's Notes. This section, concerning payment of personal property taxes as condition to registration or renewal, was repealed by Acts 1997, No. 974, § 6. The section was derived from: Acts 1981, No. 927, § 3; A.S.A. 1947, § 84-494.2; Acts 1987, No. 621, §§ 5, 7.

27-13-102. Proof of insurance required — Definition.

A motor vehicle license plate or motor vehicle registration shall not be issued, renewed, or changed unless:
1. A check of the Vehicle Insurance Database indicates that the vehicle and the applicant's operation of the vehicle meet the motor vehicle liability insurance requirements of § 27-22-101 et seq.; or
2. The applicant provides satisfactory proof to the Department of Finance and Administration that the vehicle and the applicant's operation of the vehicle meet the motor vehicle liability insurance requirements of § 27-22-101 et seq.
1. Satisfactory proof that the vehicle and the applicant's operation of the vehicle meet the motor vehicle liability insurance requirements of § 27-22-101 et seq. may be presented in either paper form or electronic form only if presented to the department within thirty (30) days from the date of issuance shown on the paper form or electronic form.
2. As used in subdivision (b)(1) 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 by § 23-89-213 as clearly as a paper proof-of-insurance card or other paper temporary proof of insurance issued by the insurance company.
The department is not liable for damages to any property or person due to an act or omission that occurs while administering this section, including without limitation any damage that occurs to a cellular phone or portable electronic device that is used to present satisfactory proof of motor vehicle liability insurance coverage.
This section does not apply to state-owned vehicles or state employees while operating state-owned vehicles.

History. Acts 1987, No. 442, §§ 3, 6; 1987, No. 971, § 1; 1997, No. 991, § 6; 2013, No. 175, § 1; 2019, No. 869, § 3.

Amendments. The 2013 amendment rewrote the section.

The 2019 amendment added “only if presented to the department within thirty (30) days from the date of issuance shown on the paper form or electronic form” in (b)(1).

Cross References. Automobile liability insurance generally, § 23-89-201 et seq.

Research References

U. Ark. Little Rock L.J.

Survey — Insurance, 10 U. Ark. Little Rock L.J. 587.

Am. Jur. 7A Am. Jur. 2d, Auto., § 189 et seq.

C.J.S. 60 C.J.S., Motor vehicles, § 156 et seq.

27-13-103. Rules.

The Secretary of the Department of Finance and Administration shall have the authority to promulgate such rules as are necessary to implement and administer the provisions of this act.

History. Acts 1997, No. 974, § 19; 2019, No. 910, § 4484.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Meaning of “this act”. Acts 1997, No. 974, codified as §§ 19-6-301, 22-3-1225, 26-26-706, 27-13-103, 27-14-607, 27-14-608, 27-14-1015, 27-14-1021, 27-14-1207, 27-32-101, 27-32-102, 27-32-201 [repealed].

27-13-104. [Repealed.]

Publisher's Notes. This section, concerning voluntary contributions to the Organ Donor Awareness Education Trust Fund, was repealed by Acts 2005, No. 896, § 2. The section was derived from Acts 2003, No. 1362, § 3[6].

Chapter 14 Motor Vehicle Administration, Certificate of Title, and Antitheft Act

A.C.R.C. Notes. This act has been substantially modified, amended, and repealed by the Arkansas General Assembly so that it is questionable whether it is still uniform. For Commentary regarding the Uniform Vehicle Code, see Commentaries Volume B.

Cross References. Operation of golf carts on city streets, § 14-54-1410.

Registration and licensing — Special uses, §§ 27-15-101 et seq. and 27-24-101 et seq.

Research References

A.L.R.

What constitutes farm vehicle, construction equipment, or vehicle temporarily on highway exempt from registration as motor vehicle. 27 A.L.R.4th 843.

Am. Jur. 7A Am. Jur. 2d, Auto., § 55 et seq.

Ark. L. Rev.

Acts 1949 General Assembly — Act 142 Motor-Vehicle Administration Registration, Certificate of Title, and Antitheft Act, 3 Ark. L. Rev. 381.

C.J.S. 60 C.J.S., Motor Veh., § 156 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.

27-14-101. Title.

This chapter may be cited as the “Motor Vehicle Administration, Certificate of Title, and Antitheft Act”.

History. Acts 1949, No. 142, § 90; A.S.A. 1947, § 75-190; Acts 2017, No. 448, § 1.

Publisher's Notes. This chapter and Chapter 15 of this title may be considered as the “Motor Vehicle Code” of Arkansas.

Amendments. The 2017 amendment deleted “Uniform” preceding “Motor Vehicle”.

27-14-102. Construction.

This chapter shall be so interpreted and construed as to effectuate its general purpose.

History. Acts 1949, No. 142, § 89; A.S.A. 1947, § 75-189.

27-14-103. Arkansas Forestry Commission — Exemption.

1. Except as provided under subdivision (a)(2) of this section, the Arkansas Forestry Commission is exempt from the licensing and registration requirements under this subtitle for a truck, pickup truck, motor vehicle, or other vehicle of any nature that it owns, uses, and operates.
2. 1. The State Forester and the Secretary of the Department of Finance and Administration shall adopt identification tags or other insignia that shall be attached to the vehicles by the officers, members, and employees of the commission.
  2. A charge shall not be made or fee collected for the identification tags or other insignia.
1. Except as provided under subdivision (b)(2) of this section, a truck, pickup truck, motor vehicle, or other vehicle of any nature owned, used, and operated by the commission is exempt from the payment of any fees and charges required by the laws of this state for the operation of the vehicles upon the public highways of this state.
2. However, the commission shall pay the initial fees and charges required by state law to register the vehicle and enter the vehicle in the state licensing and registration system.

History. Acts 2011, No. 638, § 1; 2019, No. 910, § 4485.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2)(A).

27-14-104. Definitions.

As used in this chapter:

“Bus” means a motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, or a motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;
“Dealer” means a person engaged in the business of buying, selling, or exchanging vehicles of a type required to be registered under this chapter and who has an established place of business for that purpose in this state;
“Essential parts” means all integral and body parts of a vehicle of a type required to be registered under this chapter, that if removed, altered, or substituted would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation;
“Established place of business” means the place actually occupied, either continuously or at regular periods, by a dealer or manufacturer, where the books and records of the business are kept and a large share of the business is transacted;
“Foreign vehicle” means a vehicle not registered in this state but of a type required to be registered under this chapter and brought into this state from another state, territory, or country other than in the ordinary course of business by or through a manufacturer or dealer;
“Implement of husbandry” means a vehicle not subject to registration if used on the highways and designed or adapted exclusively for timber harvesting or hauling, agricultural, horticultural, or livestock raising operations, or for lifting or carrying an implement of husbandry;
“Manufactured home” means a factory-built structure:
1. Produced in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.; and
2. Designed to be used as a dwelling unit;
“Manufacturer” means a person engaged in the business of constructing or assembling vehicles of a type required to be registered under this chapter at an established place of business in this state;
“Mobile home” means a structure:
1. Built in a factory before the enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.; and
2. Designed to be used as a dwelling unit;
1. “Motor home” means a motor vehicle designed to provide temporary living quarters, built onto, or permanently attached to, an integral part of a self-propelled motor vehicle chassis.
2. The vehicle shall contain permanently installed independent life-enhancement systems;
“Motor vehicle” means a vehicle that is self-propelled or that is propelled by electric power obtained from overhead trolley wires but not operated upon stationary rails or tracks;
“Motorcycle” means a motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, excluding a tractor;
“Nonresident” means a person who is not a resident of this state;
1. “Owner” means a person who holds the legal title of a vehicle.
2. In the event a vehicle is the subject of an agreement for the conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor is the owner for the purpose of this chapter;
“Person” means a natural person, firm, copartnership, association, or corporation;
“Pneumatic tire” means a tire in which compressed air is designed to support the load;
“Pole trailer” means a vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members, capable generally of sustaining themselves as beams between the supporting connections;
“Reconstructed vehicle” means a vehicle of a type required to be registered under this chapter materially altered from its original construction by the removal, addition, or substitution of essential parts, new or used;
1. “Resident” means any person who:
  1. Remains in this state for a period of more than six (6) months;
  2. Resides in this state due to a change of abode; or
  3. Is domiciled in this state on a temporary or permanent basis.
2. “Resident” does not include a person who is in this state as a student;
“School bus” means a motor vehicle that is owned by a public or governmental agency and operated for the transportation of children to or from school or that is privately owned and operated for compensation for the transportation of children to or from school;
“Semitrailer” means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle;
“Special mobile equipment” means a vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including without limitation:
1. A farm tractor;
2. Road construction or maintenance machinery;
3. A ditch-digging apparatus;
4. A well-boring apparatus; and
5. A concrete mixer;
“Specially constructed vehicle” means a vehicle of a type required to be registered under this chapter not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction;
“Street” or “highway” means the entire width between boundary lines of a roadway publicly maintained when any part of the roadway is open to the use of the public for purposes of vehicular travel;
“Trailer” means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle;
“Transporter” means a person engaged in the business of delivering vehicles of a type required to be registered under this chapter from a manufacturing, assembly, or distributing plant to dealers or sales agents of a manufacturer;
“Truck” means a motor vehicle designed, used, or maintained primarily for the transportation of property;
“Truck tractor” means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn; and
“Vehicle” means a device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

History. Acts 1949, No. 142, §§ 1-15; 1959, No. 307, §§ 1, 3; 1973, No. 596, § 1; A.S.A. 1947, §§ 75-101–75-115; Acts 1991, No. 730, § 2; 1993, No. 445, § 39; 1999, No. 912, § 1; 2003, No. 1473, § 67; 2005, No. 1991, §§ 1, 4; 2009, No. 317, § 1; 2017, No. 448, § 2.

Publisher's Notes. The definitions in this section were formerly codified as § 27-14-201 et seq.

Case Notes

Applicability.

The exemptions in the definitons of “Special mobile equipment” and “Implement of husbandry” are exemptions to the vehicle registration and licensing provisions and are not applicable to the weight provisions of § 27-35-101 et seq. Stuart v. State, 263 Ark. 54, 563 S.W.2d 398 (1978).

Boats.

The definitions in this section of “Motor vehicle” and “Vehicle” have no reference to boats. Weber v. State, 250 Ark. 566, 466 S.W.2d 257 (1971).

Camper Trailer.

Camper trailer placed on owner's property and used as a residence met the definition of semitrailer as, when moved, the camper trailer was still able to be attached to the back of a pickup truck and towed to its destination. Smith v. Farm Bureau Mut. Ins. Co. of Ark., 88 Ark. App. 22, 194 S.W.3d 212 (2004).

In insurer's declaratory judgment action, the trial court erred in granting summary judgment to insurer where the policy language, when coupled with the relevant statutory provisions, did not clearly exclude liability coverage for a semitrailer used solely as a residence; the Missouri Administrator of the State Office of Motor Vehicles unequivocally stated that the camper trailer in question was not subject to registration based upon its use as a residence. Smith v. Farm Bureau Mut. Ins. Co. of Ark., 88 Ark. App. 22, 194 S.W.3d 212 (2004).

Front-End Loader.

Summary judgment was improperly granted in favor of a city and its employee in a negligence action based on governmental immunity where there was a genuine issue of material fact as to whether the operation of the loader on public roads was frequent and regular or merely incidental, and thus, whether the front-end loader was exempted from the statutory definition of “motor vehicle.” Spears v. City of Fordyce, 351 Ark. 305, 92 S.W.3d 38 (2002).

In a dispute over uninsured motorist benefits, insurer's motion for judgment notwithstanding the verdict should have been granted because, even though a front-end loader could have been both “special mobile equipment” and an “auto” under an insurance policy, there was no showing that the vehicle was designed primarily for use on public roads. Southern Farm Bureau Cas. Ins. Co. v. Spears, 360 Ark. 200, 200 S.W.3d 436 (2004).

Motor Vehicles.

An all-terrain vehicle meets the definition of a motor vehicle as set out in this section, since all-terrain vehicles are self-propelled and do not require rails; the term motor vehicle, as used in § 5-65-103, also includes all-terrain vehicles. Fitch v. State, 313 Ark. 122, 853 S.W.2d 874 (1993).

Where an insurance policy definition limits “motor vehicle” to one “designed to be used” (not merely used) on public roads, such a definition is narrower than that contemplated by Arkansas' statutory law. Nationwide Mut. Ins. Co. v. Worthey, 314 Ark. 185, 861 S.W.2d 307 (1993).

A Trail 70 vehicle with a 70 cc engine is a motor vehicle, specifically, a motor-driven cycle, and, when used upon public streets, is subject to Arkansas' registration and licensing laws. Nationwide Mut. Ins. Co. v. Worthey, 314 Ark. 185, 861 S.W.2d 307 (1993).

Mowers.

Mowers and other vehicles not designed for transportation are special mobile equipment and exempt from registration. Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296 (1989).

Owner.

The giving of an invoice upon sale of motor vehicle by dealer was not such indicia of ownership as would estop dealer from recovering automobile from innocent purchaser after original purchaser's check was found to be fraudulent. Dobbins v. Martin Buick Co., 216 Ark. 861, 227 S.W.2d 620 (1950) (decision under prior law).

Conditional vendee of a motor vehicle is the owner for insurance purposes even though the vendee has not received a certificate of title. Olin Mathieson Chem. Corp. v. Southwest Cas. Co., 149 F. Supp. 600 (W.D. Ark. 1957).

Bill of sale by truck owner in payment of attorney's fees was an absolute conveyance of his interest and not a conditional sale or mortgage. House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957).

Where truck owner transferred truck to attorney in payment of attorney's fees, failure of attorney to obtain the certificate of title at the time he received the bill of sale did not deprive him of title, for the certificate of title is not title itself but only evidence of it. House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957).

The fact that an automobile was registered in the name of the alleged owner at the time of a mishap was evidence of title in the alleged owner despite evidence that the driver had paid the alleged owner a down payment on the automobile before the mishap. Rook v. Moseley, 236 Ark. 290, 365 S.W.2d 718 (1963).

Summary judgment in favor of the government in a forfeiture action of a car brought under 21 U.S.C.S. § 881(a)(4) and (j) was reversed because, under Arkansas law, it was clear that both claimants had U.S. Const. art. III standing to challenge the forfeiture under 18 U.S.C.S. § 983(a)(4) & (d); the grandmother had the greatest financial stake in the car and, under this section, the mother was the owner of the car because she held legal title as the registered owner under § 27-14-713, although there was evidence that the mother had only “bare legal title” that was sufficient to confer Article III standing to contest the forfeiture. United States v. One Lincoln Navigator 1998, 328 F.3d 1011 (8th Cir. 2003).

Road Graders.

A road grader falls within the definition of special mobile equipment because it is not used primarily for the transportation of persons or property and it is only incidentally operated or moved over the highways. Clark v. Randolph County, 71 Ark. App. 112, 36 S.W.3d 353 (2000).

Tractors.

A tractor is an implement of husbandry, and is not subject to registration. Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296 (1989).

Subchapter 2 — Definitions

Effective Dates. Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2003, No. 1473, § 74: July 1, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act includes technical corrects to Act 923 of 2003 which establishes the classification and compensation levels of state employees covered by the provisions of the Uniform Classification and Compensation Act; that Act 923 of 2003 will become effective on July 1, 2003; and that to avoid confusion this act must also effective on July 1, 2003. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2003.”

Case Notes

Cited: Mears v. Rood, 233 Ark. 484, 345 S.W.2d 374 (1961).

27-14-201 — 27-14-216. [Repealed.]

Publisher's Notes. This subchapter, concerning definitions, was repealed by Acts 2017, No. 448, § 3.

For current law, see § 27-14-104.

Subchapter 3 — Penalties and Administrative Sanctions

Effective Dates. Acts 1929, No. 65, § 75: Approved Feb. 28, 1929. Emergency clause provided: “It is ascertained and hereby declared that the defective condition of the public roads is a standing menace to the traveling public; that the repairs of the present public roads, and the construction of the roads contemplated by this act, are necessary for the safety of the traveling public, so that the immediate operation of the act is essential for the protection of the public safety, and an emergency is therefore declared; and this act shall take effect and be in force from and after its passage.”

Acts 1953, No. 144, § 4: Approved Feb. 25, 1953. Emergency clause provided: “It is hereby determined that matters vitally affecting the welfare of the State of Arkansas must be dealt with by the Fifty-ninth General Assembly, and this Act being necessary for the preservation of the peace, health and safety of the people, an emergency is hereby declared to exist, and this Act shall take effect and be in full force from and after its passage.”

Acts 1965, No. 493, § 10: Mar. 20, 1965. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas: (a) that traffic accidents resulting in injuries and deaths of persons and damages to property are increasing at an alarming rate; (b) that present revenues for employment of personnel in the Department of Arkansas State Police are wholly inadequate to properly handle the problem of highway safety; and (c) that only the provisions of this act will tend to provide funds in amounts sufficient to employ the necessary personnel to patrol the highways and thereby reduce the incidence of highway accidents. Therefore an emergency is hereby declared to exist, and this act being necessary for the preservation of public peace, health and safety shall take effect and be in full force on and after its passage and approval.”

Acts 1965 (2nd Ex. Sess.), No. 4, § 4: Nov. 6, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that the requirement of the present law that the motor vehicle registration certificate be carried in the vehicle or on the person driving or in control of the vehicle is necessary to the proper enforcement of the laws of this State relative to the theft of motor vehicles, but that such requirement, with the accompanying penalty for failure to comply, places an undue burden upon motorists in this State; that the provisions of this Act will retain such requirement but will relieve persons of the penalty for failure to comply if such person produces in court a registration certificate for such vehicle which was issued prior to and was in effect at the time of the demand by an officer to display the same and at the time of the arrest for failure to do so; and that this act is immediately necessary to relieve the aforementioned burden upon motorists in this State. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1991, No. 988, § 9: Apr. 8, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that violation of the motor vehicle licensing law is epidemic in this state resulting in lost revenues to schools and the state and local governments; that the present enforcement mechanism is not a deterrent to the violation; that this act is an attempt to enhance the enforcement of the motor vehicle licensing law; that until this act goes into effect, the motor vehicle licensing law will continue to be violated resulting in lost revenue to schools and state and local governments; that enhancing penalties for repeat offenses of the liability insurance requirement is necessary to increase compliance with the law; and that this act is immediately necessary to provide efficient enforcement of the motor vehicle licensing law and motor vehicle liability insurance law. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 2005, No. 1929, § 6: Jan. 1, 2006.

Acts 2017, No. 532, § 10: Mar. 20, 2017. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the present system for registering commercial motor vehicles is inconvenient, expensive, unduly time-consuming, and lacks the software capabilities offered by comparable systems in other states to facilitate the registration process electronically. In order to make the Arkansas Motor Carrier System operational on or before January 1, 2018 as required by this act, the Department of Finance and Administration must be authorized to immediately commence planning, programming, and promulgating the necessary rules, regulations, and procedures pertaining to the necessary system enhancements, These enhancements are estimated to take more than six (6) months to complete. Moreover, due to the lack of clarity in current law, commercial motor carriers currently face potential unwarranted liability for acts or omissions involving license plates and registrations. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-14-301. Penalty for misdemeanor.

It is a misdemeanor for any person to violate any of the provisions of this chapter unless the violation is, by this chapter or other law of this state, declared to be a felony.
Unless another penalty is in this chapter or by the laws of this state provided, every person convicted of a misdemeanor for the violation of any provisions of this chapter shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six (6) months, or by both fine and imprisonment.

History. Acts 1949, No. 142, § 86; A.S.A. 1947, § 75-186.

27-14-302. Penalty for felony.

Any person who is convicted of a violation of any of the provisions of this chapter or by the laws of this state declared to constitute a felony shall be punished by imprisonment for not less than one (1) year nor more than five (5) years or by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or by both fine and imprisonment.

History. Acts 1949, No. 142, § 87; A.S.A. 1947, § 75-187.

27-14-303. Fraudulent applications.

Any person who fraudulently uses a false or fictitious name or address in any application for the registration of a vehicle or a certificate of title or knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any application shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year, or both.

History. Acts 1949, No. 142, § 75; A.S.A. 1947, § 75-175.

27-14-304. Operation of vehicles without license plates.

No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway any vehicle required to be registered under this chapter unless there shall be attached thereto and displayed thereon, when and as required by this chapter, a valid license plate issued therefor by the office for the current registration year, except as otherwise expressly permitted in this chapter.
Any violation of this section is a misdemeanor.

History. Acts 1949, No. 142, § 76; 1965 (2nd Ex. Sess.), No. 4, § 2; A.S.A. 1947, § 75-176.

Case Notes

Lesser Included Offenses.

Operation of a vehicle without a valid license plate in violation of this section is not a lesser included offense of willfully attempting to evade or defeat the payment of tax, in violation of § 26-18-201(a), and failure to pay tax, in violation of § 26-18-202; it is possible to commit the greater offenses without committing the offense of operating a vehicle without a license plate, and the lesser charge requires proof of an additional element not required under the greater offenses. Owens v. State, 354 Ark. 644, 128 S.W.3d 445 (2003).

Cited: Jones v. State, 314 Ark. 383, 862 S.W.2d 273 (1993); Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. 2008).

27-14-305. Penalty for using or making unofficial license plates — Definition.

It shall be unlawful for the owner of any automobile, Class One truck, trailer or semitrailer, motorcycle, or motorcycle sidecar to display any license plate on the rear of the vehicle that is not furnished by the Secretary of the Department of Finance and Administration.
1. It is unlawful for a person, firm, or corporation to reproduce, paint, or alter a license plate or registration card in this state.
2. For the purpose of this section, “license plate” means a plate designed to be affixed to the rear of a motor vehicle, including without limitation:
  1. A plate advertising a new or used car dealership or other type of business;
  2. A rental car company identification plate; or
  3. A temporary cardboard buyer's tag under § 27-14-1705.
3. For the purpose of this section, “reproduce, paint, or alter a license plate or registration card” does not include the:
  1. Printing of a commercial motor vehicle registration card as authorized under § 27-14-613; or
  2. Affixing of a decal bearing the commercial motor carrier's logo to a commercial motor vehicle's license plate if the decal has been authorized and approved by the secretary or the secretary's designee as authorized under § 27-14-613.
Any person, firm, or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

History. Acts 1929, No. 65, § 36; Pope's Dig., § 6636; Acts 1965, No. 493, § 8; A.S.A. 1947, § 75-236; Acts 2005, No. 1929, § 5; 2009, No. 186, § 1; 2017, No. 532, § 4; 2019, No. 910, §§ 4486, 4487.

A.C.R.C. Notes. Acts 2017, No. 532, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) The Department of Finance and Administration currently lacks clear authority and specific funding sources to adequately upgrade and modernize the registration process for commercial motor vehicles;

“(2) Due to current inefficiencies or technological limitations, commercial motor carriers that would otherwise register their commercial vehicles in the State of Arkansas are deterred from doing so;

“(3) The department should develop and implement rules, regulations, and procedures to facilitate an online system for administrative transactions and the registration of commercial motor vehicles that are registered with the International Registration Plan;

“(4) The law needs to be clarified to verify that license plates for commercial motor vehicles registered with the International Registration Plan should not be required to display an annual decal or tab;

“(5) An enhancement creating an online system for administrative transactions and registration of commercial motor vehicles will facilitate and improve the services available to the commercial motor carrier industry;

“(6) Enhancements to the Arkansas Motor Carrier System will make available to the state additional revenues through a user-fee based system to finance the enhancements without requiring a general tax increase; and

“(7) Directing the department to develop rules, regulations, and procedures to implement the necessary enhancements and providing a funding mechanism to help offset the costs associated with the system enhancements will accomplish the state's goal of improving services and modernizing the Arkansas Motor Carrier System.”

Amendments. The 2009 amendment, in (b), inserted “or alter” in (b)(1), redesignated (b)(2), rewrote (b)(2)(C), and made related and stylistic changes.

The 2017 amendment substituted “For the purpose” for “For purposes” in the introductory language of (b)(2); added (b)(3); and made stylistic changes.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and, in (b)(3)(B), substituted “secretary” for “director” and “secretary’s” for “director’s”.

Cross References. Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq.

27-14-306. Improper use of evidences of registration.

No person shall lend to another any certificate of title, registration certificate, registration plate, special plate, or permit issued to him or her if the person desiring to borrow it would not be entitled to the use thereof, nor shall any person knowingly permit their use by one not entitled thereto, nor shall any person display upon a vehicle any registration certificate, registration plate, or permit not issued for the vehicle or not otherwise lawfully thereon under this chapter.
Any violation of this section is a misdemeanor.

History. Acts 1949, No. 142, § 77; A.S.A. 1947, § 75-177.

Case Notes

Circuit Court Judge Candidate.

Candidate for circuit court judge was not disqualified from running due to his conviction for a violation of this section, as misdemeanor “infamous crimes” under Ark. Const. Art. 5, § 9 and § 7-1-101 are misdemeanor offenses in which “the finder of fact was required to find, or the defendant to admit, an act of deceit, fraud, or false statement”, and the appellate court could not say that a violation of this section required a finding or admission of deceit, fraud, or false statement. Weeks v. Thurston, 2020 Ark. 64, 594 S.W.3d 23 (2020).

Mental State.

Violation of this section does not necessarily involve dishonesty or false statement, and the Supreme Court overrules Fronterhouse v. State, 2015 Ark. App. 211, on that specific point. Weeks v. Thurston, 2020 Ark. 64, 594 S.W.3d 23 (2020).

While deceit, fraud, or a false statement certainly can be present in a violation of this section, a finder of fact is not required under the statute to find deceit, fraud, or a false statement. Furthermore, only one of the three ways one can violate this section requires a culpable mental state—knowingly permitting. Weeks v. Thurston, 2020 Ark. 64, 594 S.W.3d 23 (2020).

Reasonable Cause.

A violation of this section provides a police officer with reasonable cause to believe that the driver of the vehicle is committing a violation of the law in his presence. Wilburn v. State, 317 Ark. 73, 876 S.W.2d 555 (1994).

There was probable cause to support defendant's arrest where defendant was exceeding the posted speed limit, defendant was driving a car with fictitious tags, which was a crime, and both the vehicle and defendant matched the description of the robbery suspect that the police were given. Medlock v. State, 79 Ark. App. 447, 89 S.W.3d 357 (2002).

Where a police officer ran the tags on a vehicle and learned that it had a fictitious license plate, the officer had probable cause to stop the car; in addition, where police discovered the presence of marijuana inside the vehicle during the traffic stop, the subsequent search of defendant's shoe, which yielded marijuana, was a search incident to a lawful arrest. Thornton v. State, 85 Ark. App. 31, 144 S.W.3d 766 (2004).

Cited: Hazelwood v. State, 328 Ark. 602, 945 S.W.2d 365 (1997); Burris v. State, 330 Ark. 66, 954 S.W.2d 209 (1997).

27-14-307. False evidences of title or registration.

It is a felony for any person to commit any of the following acts:

To alter, with fraudulent intent, any certificate of title, registration certificate, registration plate, manufacturer's certificate of origin, or permit issued by the Office of Motor Vehicle;
To forge or counterfeit any such document or plate purporting to have been issued by the office or by the manufacturer;
To alter or falsify, with intent to defraud or mislead, or with intent to evade the registration laws, any assignment upon a certificate of title or upon a manufacturer's certificate of origin;
To hold or use any such document or plate knowing it to have been so altered, forged, or falsified.

History. Acts 1949, No. 142, § 78; 1957, No. 368, § 1; A.S.A. 1947, § 75-178.

27-14-308. Authority to suspend or revoke registration or certificate of title, etc.

The Office of Motor Vehicle is authorized to suspend or revoke the registration of a vehicle, a certificate of title, registration certificate, registration plate, or any nonresident or other permit in any of the following events:

When the office is satisfied that the registration or that the certificate, plate, or permit was fraudulently or erroneously issued;
When the office determines that a registered vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;
When a registered vehicle has been dismantled or wrecked;
When the office determines that the required fee has not been paid and it is not paid upon reasonable notice and demand;
When a registration certificate, registration plate, or permit is knowingly displayed upon a vehicle other than the one for which issued;
When the office determines that the owner has committed any offense under this chapter involving the registration or the certificate, plate, or permit to be suspended or revoked;
When the office is so authorized under any other provision of law; or
When the owner of a commercial truck is not authorized to operate by the Department of Transportation due to safety-related violations.

History. Acts 1949, No. 142, § 79; A.S.A. 1947, § 75-179; Acts 2003, No. 854, § 1.

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Transportation, Registration of Commercial Vehicle, 26 U. Ark. Little Rock L. Rev. 508.

Case Notes

Cited: House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957).

27-14-309. Failure to pay taxes on or assess personal property as ground for revocation.

Upon sufficient proof or information that any motor vehicle has been licensed and registered in this state without the tax due on all the personal property of the applicant having been paid or without having been listed for assessment or assessed, the Secretary of the Department of Finance and Administration is authorized to revoke the license and registration of the motor vehicle.
The provisions of this section shall not apply to dealer's license and registration.

History. Acts 1951, No. 130, § 2; 1953, No. 144, § 2; A.S.A. 1947, § 75-179.1; Acts 2019, No. 910, § 4488.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

Cross References. Payment of personal property taxes and listing for assessment required, § 27-14-1015.

Research References

Ark. L. Rev.

Assessment and Licensing of Motor Vehicles, 7 Ark. L. Rev. 349.

27-14-310. Improper activities by manufacturer, transporter, or dealer.

The Office of Motor Vehicle is authorized to suspend or revoke a certificate or the special plates issued to a manufacturer, transporter, or dealer upon determining that any person is not lawfully entitled thereto, has made, or knowingly permitted, any illegal use of such plates, has committed fraud in the registration of vehicles, or has failed to give notices of transfers when and as required by this chapter.

History. Acts 1949, No. 142, § 80; A.S.A. 1947, § 75-180.

27-14-311. Appeal of revocation by dealer.

1. Any dealer whose license or permit has been revoked by the Secretary of the Department of Finance and Administration may appeal to the circuit court of the county in which the dealer's license or permit was issued, within thirty (30) days, by filing a petition and bond as in other cases of appeal to the circuit court.
2. The bond shall be conditioned that the petitioner will perform the judgment of the circuit court.
3. The trial in the circuit court shall be held de novo.
If aggrieved by the judgment of the circuit court, the petitioner may appeal to the Supreme Court of this state as in other civil cases.
The bonds shall be approved by the clerk of the court as in other appeals in civil cases.

History. Acts 1951, No. 150, § 2; A.S.A. 1947, § 75-180.2; Acts 2019, No. 910, § 4489.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1).

27-14-312. Returning evidences of registration upon cancellation, etc.

Whenever the Office of Motor Vehicle, as authorized under this chapter cancels, suspends, or revokes the registration of a vehicle or a certificate of title, registration certificate, or license plate, or any nonresident or other permit or the license of any dealer or wrecker, the owner or person in possession of it shall immediately return the evidences of registration, title, or license so cancelled, suspended, or revoked to the office.

History. Acts 1949, No. 142, § 81; A.S.A. 1947, § 75-181.

27-14-313. Disposition of misdemeanor fines and forfeitures.

All fines and forfeitures collected upon conviction or upon forfeiture of bail of any person charged with a violation of any of the provisions of this chapter constituting a misdemeanor shall be deposited in the treasury of the county, city, or town maintaining the court wherein the conviction or forfeiture was had in a special fund to be known as the “highway improvement fund”.
The fund is created and shall be used exclusively in the construction, maintenance, and repair of public highways and highway structures or for the installation and maintenance of traffic control devices thereon within the respective jurisdictions.
Failure, refusal, or neglect on the part of any judicial or other officer or employee receiving, or having custody of, such fine or forfeiture, either before or after a deposit in the fund, to comply with the provisions of this section shall constitute misconduct in office and shall be grounds for removal.

History. Acts 1949, No. 142, § 88; A.S.A. 1947, § 75-188.

27-14-314. Additional penalties — Disposition of fines.

1. A person who while driving a motor vehicle is arrested for failure to register the motor vehicle upon conviction shall be subject to a penalty in addition to any other penalty provided by law.
2. The additional penalty shall be:
  1. Not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) for the first offense, and the minimum fine shall be mandatory; or
  2. Not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250) for the second and subsequent offenses, and the minimum fine shall be mandatory.
1. If a person is convicted of two (2) offenses under subsection (a) of this section within one (1) year, the court may order that the unregistered vehicle be impounded until proof of motor vehicle registration is submitted to the court.
2. The owner of the vehicle impounded shall be responsible for all costs of impoundment.
1. If the arresting officer is an officer of the Department of Arkansas State Police, the fine collected shall be remitted by the tenth day of each month to the Administration of Justice Funds Section of the Office of Administrative Services of the Department of Finance and Administration, on a form provided by that office, for deposit into the Department of Arkansas State Police Fund to be used for the purchase and maintenance of state police vehicles.
2. If the arresting officer is a county law enforcement officer, the fine collected shall be deposited into that county fund used for the purchase and maintenance of:
  1. The following:
    1. Rescue, emergency medical, and law enforcement vehicles;
    2. Communications equipment;
    3. Animals owned or used by law enforcement agencies; and
    4. Life-saving medical apparatus; and
  2. Law enforcement apparatus to be used for the purposes set out in subdivision (c)(2)(A) of this section.
3. If the arresting officer is a municipal law enforcement officer, the fine collected shall be deposited into that municipal fund used for the purchase and maintenance of:
  1. The following:
    1. Rescue, emergency medical, and law enforcement vehicles;
    2. Communications equipment;
    3. Animals owned or used by law enforcement agencies; and
    4. Life-saving medical apparatus; and
  2. Law enforcement apparatus to be used for the purposes set out in subdivision (c)(3)(A) of this section.

History. Acts 2011, No. 876, § 2.

A.C.R.C. Notes. Acts 2011, No. 876, § 1, provided: “The General Assembly finds:

“(1) In the 2009 Regular Session of the General Assembly, a court ‘clean-up’ bill concerning the payment and collection of fines, costs, and restitution inadvertently repealed Arkansas Code § 27-14-314 regarding the penalties for driving an unregistered motor vehicle;

“(2) Arkansas Code § 27-14-314 was originally enacted during the 1991 Regular Session of the General Assembly;

“(3) In Act 988 of 1991, the General Assembly found that these penalties were necessary because:

“(A) There were a large number of unlicensed motor vehicles in the state;

“(B) Unlicensed motor vehicles result in lost revenues in the form of unpaid license fees;

“(C) Owners of unlicensed motor vehicles most likely have not:

“(i) Paid property taxes on the unlicensed vehicles, depriving local governments and school districts of vitally needed revenues;

“(ii) Paid sales tax on the motor vehicles, depriving the state of significant revenues; or

“(iii) Insured the vehicle in compliance with the mandatory insurance requirements, increasing the potential financial catastrophe to others involved in accidents with them; and

“(D) Promotion of the enforcement of Arkansas's motor vehicle licensing law is necessary; and

“(4) This act is necessary for legislative correction to reinstate the penalties that were in effect until accidentally repealed in 2009 for a person who drives an unregistered motor vehicle for the same reasons the law has been needed since 1991.”

Publisher's Notes. Former § 27-14-314, concerning additional penalties and disposition of fines, was repealed by Acts 2009, No. 633, § 21. The section was derived from Acts 1991, No. 988, § 2; 1993, No. 230, § 1; 2001, No. 1408, § 2; 2003, No. 1765, § 32.

Subchapter 4 — Office of Motor Vehicle

Effective Dates. Acts 1995, No. 268, § 11: Feb. 13, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that current law imposes a 10% penalty on late payment of sales or use tax on motor vehicles and trailers; that current law disallows the isolated sales exemption to a purchase of a motor vehicle or trailer; that each of these provisions are in need of clarification to ensure the original legislative intent is fulfilled; and that Sections 6 and 7 of this act should be effective immediately to prevent possible confusion among the taxpayers of this state. Therefore, an emergency is hereby declared to exist and Sections 6 and 7 of this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect immediately upon its passage and approval.”

Acts 2017, No. 1016, § 3: Jan. 1, 2019.

27-14-401. Creation.

An office of the government of this state to be known as the “Office of Motor Vehicle” is created.

History. Acts 1949, No. 142, § 16; A.S.A. 1947, § 75-116.

27-14-402. Head of Office of Motor Vehicle.

The Office of Motor Vehicle shall be under the control of the Secretary of the Department of Finance and Administration.

History. Acts 1949, No. 142, § 17; A.S.A. 1947, § 75-117; Acts 2017, No. 448, § 4; 2019, No. 910, § 4490.

Amendments. The 2017 amendment rewrote the section heading; and deleted “a civil executive officer to be known as the ‘Commissioner of Motor Vehicles’ who shall be” following “control of”.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-403. Powers and duties.

The Secretary of the Department of Finance and Administration is vested with the power and is charged with the duty of observing, administering, and enforcing the provisions of this chapter and of all laws regulating the operation of vehicles or the use of the highways, the enforcement or administration of which is vested in the Office of Motor Vehicle.
The secretary may adopt and enforce such rules as necessary to carry out the provisions of this chapter and any other laws, the enforcement and administration of which are vested in the office.
The secretary may adopt an official seal for the use of the office.

History. Acts 1949, No. 142, § 20; A.S.A. 1947, § 75-120; Acts 2017, No. 448, § 4; 2019, No. 910, § 4491.

Amendments. The 2017 amendment deleted “of commissioner” in the section heading; substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in (a); in (b), substituted “director may” for “commissioner is authorized to” and “rules as necessary” for “rules and regulations as may be necessary”; and substituted “director” for “commissioner” in (c).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b) and (c).

27-14-404. Organization.

The Secretary of the Department of Finance and Administration shall organize the Office of Motor Vehicle in the manner as he or she may deem necessary and proper to segregate and conduct the work of the Office of Motor Vehicle.
The secretary shall appoint such deputies, subordinate officers, clerks, investigators, and other employees as may be necessary to carry out the provisions of this chapter.
The secretary shall maintain an office in Little Rock, Arkansas, and in such other places in the state as he or she may deem necessary and proper to carry out the powers and duties vested in the Office of Motor Vehicle.

History. Acts 1949, No. 142, §§ 18, 19, 21; A.S.A. 1947, §§ 75-118, 75-119, 75-121; Acts 2017, No. 448, § 4; 2019, No. 910, § 4492.

Amendments. The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in (a); substituted “director” for “commissioner” in (b) and (c); and substituted “Little Rock, Arkansas,” for “the State Capitol” in (c).

27-14-405. Police authority generally.

The Secretary of the Department of Finance and Administration and the officers and inspectors of the Office of Motor Vehicle designated by the secretary shall have the power:

To inspect any vehicle of a type required to be registered under this chapter in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the title and registration of these stolen vehicles;
To serve warrants relating to the enforcement of the laws regulating the operation of vehicles or the use of the highways; and
To investigate reported thefts of motor vehicles, trailers, and semitrailers.

History. Acts 1949, No. 142, § 30; A.S.A. 1947, § 75-130; Acts 2017, No. 786, § 1; 2019, No. 910, § 4493.

Amendments. The 2017 amendment, in the introductory language, substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and “designated by the director” for “as he or she shall designate”; deleted former (1) through (3) and redesignated the remaining subdivisions accordingly; substituted “of these stolen vehicles” for “thereof” at the end of present (1); and made stylistic changes.

The 2019 amendment, in the introductory language, substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “secretary” for “director”.

27-14-406. Authority to take possession.

The Office of Motor Vehicle is authorized to take possession of any certificate of title, registration certificate, permit, license, or registration plate issued by the office upon expiration, revocation, cancellation, or suspension, or which is fictitious or has been unlawfully or erroneously issued.

History. Acts 1949, No. 142, § 26; A.S.A. 1947, § 75-126; Acts 2017, No. 786, § 1.

Amendments. The 2017 amendment deleted (b) and deleted the (a) designation; and substituted “the office” for “it”, deleted “thereof” following “suspension”, and deleted “which” preceding “has been”.

27-14-407. Summons of witnesses.

1. The Secretary of the Department of Finance and Administration and officers of the Office of Motor Vehicle designated by the secretary shall have authority to summon witnesses to give testimony under oath or to give written deposition upon any matter under the jurisdiction of the office.
2. The summons may require the production of relevant books, papers, or records.
1. Every summons shall be served at least five (5) days before the return date, either by personal service made by any person over eighteen (18) years of age or by registered mail, but return acknowledgment is required to prove the latter service.
2. Failure to obey a summons constitutes a misdemeanor.
Any court of competent jurisdiction shall have jurisdiction, upon application by the secretary, to enforce all lawful orders of the secretary under this section.

History. Acts 1949, No. 142, § 28; A.S.A. 1947, § 75-128; Acts 2017, No. 786, § 1; 2019, No. 910, §§ 4494, 4495.

Amendments. The 2017 amendment, in (a)(1), substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and “the director” for “him or her”; substituted “constitutes” for “so served shall constitute” in (b)(2); and twice substituted “director” for “commissioner” in (b)(3).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” in (a)(1) and twice in (c).

27-14-408. Manner of giving notice.

Whenever the Office of Motor Vehicle is authorized or required to give any notice under this chapter or other law regulating the operation of vehicles, unless a different method of giving the notice is otherwise expressly prescribed, the notice shall be given either by personal delivery thereof to the person to be so notified or by deposit in the United States mail of the notice in an envelope with postage prepaid, addressed to the person at his or her address as shown by the records of the office.
The giving of notice by mail is complete upon the expiration of four (4) days after the deposit of the notice.
Proof of the giving of notice in either manner may be made by the certificate of any officer or employee of the office or affidavit of any person over eighteen (18) years of age, naming the person to whom the notice was given and specifying the time, place, and manner of giving.

History. Acts 1949, No. 142, § 29; A.S.A. 1947, § 75-129.

27-14-409. Processing of applications.

The Office of Motor Vehicle shall examine and determine the genuineness, regularity, and legality of every application for registration of a vehicle, for a certificate of title therefor, and of any other application lawfully made to the office.
The office may, in all cases, make investigation as may be deemed necessary or require additional information and shall reject any such application if not satisfied of the genuineness, regularity, or legality thereof, or of the truth of any statement contained therein, when authorized by law.
1. If the office is not satisfied as to the ownership of a vehicle or that there are no undisclosed security interests in it, the office may accept the application, but shall, as a condition of issuing a certificate of title, require the applicant to file with the office a bond in the form prescribed by the office.
2. The bond shall be in an amount equal to one and one-half (1 1/2) times the value of the vehicle, as determined by the office.
3. 1. The bond shall be conditioned to indemnify any prior owner and lienholder and any subsequent purchaser of the vehicle, or person acquiring any security interest in it, and their respective successors in interest, heirs, or assigns against any expense, loss, or damage, including reasonable attorney's fees, by reason of the issuance of the certificate of title of the vehicle.
  2. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond.
4. The bond, and any deposit accompanying it, shall be returned at the end of three (3) years, unless the office has been notified of the pendency of an action to recover on the bond.

History. Acts 1949, No. 142, § 25; A.S.A. 1947, § 75-125; Acts 1993, No. 1013, § 1; 1995, No. 268, § 5.

27-14-410. Forms.

The Secretary of the Department of Finance and Administration shall prescribe and provide suitable forms of applications, certificates of title, registration certificates, and all other forms requisite or necessary to carry out the provisions of this chapter and any other laws, the enforcement and administration of which are vested in the Office of Motor Vehicle.

History. Acts 1949, No. 142, § 22; A.S.A. 1947, § 75-122; Acts 2017, No. 448, § 5; 2019, No. 910, § 4496.

Amendments. The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and deleted “deemed” following “requisite or”.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-411. Oaths and signatures.

Officers and employees of the Office of Motor Vehicle designated by the Secretary of the Department of Finance and Administration are, for the purpose of administering the motor vehicle laws, authorized to administer oaths and acknowledge signatures.
Administration of oaths and acknowledgement of signatures under subsection (a) of this section shall be performed without fee.

History. Acts 1949, No. 142, § 23; A.S.A. 1947, § 75-123; Acts 2017, No. 448, § 5; 2019, No. 910, § 4497.

Amendments. The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in (a); and rewrote (b).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-14-412. Records.

1. All records of the Office of Motor Vehicle, other than those declared by law to be confidential for the use of the office, shall be open to public inspection during office hours.
2. The use of lists or other aggregations of compilations of motor vehicle registration information is restricted to safety recall notification programs involving motor vehicles and motor vehicle equipment, other federal and state agency programs, research and statistics involving motor vehicles in which individual identities are not published, disclosed, or for any other purpose authorized by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2015.
3. Motor vehicle registration information shall not be sold, furnished, or used for solicitation purposes.
1. The Secretary of the Department of Finance and Administration and such officers of the office as the secretary may designate are authorized to prepare under the seal of the office and deliver upon request a certified copy of any record of the office or a noncertified electronic copy of any record of the office.
2. A fee of one dollar ($1.00) shall be charged for each certified record authenticated.
3. Every certified copy shall be admissible in any proceeding in any court in like manner as the original.
4. 1. A party requesting a noncertified electronic record shall execute a written agreement with the Department of Finance and Administration that includes the following provisions:
    1. An acknowledgment that the party requesting a record shall comply with all state and federal limits on the use of those records; and
    2. An agreement that the party seeking to obtain records shall hold harmless and indemnify the department for any money damages, punitive damages, criminal fines, civil penalties, court costs, and attorney's fees awarded to any person or entity by any state or federal court or by the Arkansas State Claims Commission resulting from any disclosure by the party of motor vehicle information that is contrary to state or federal law.
  2. A fee of not less than twenty dollars and fifty cents ($20.50) nor more than thirty dollars ($30.00) per one thousand (1,000) records shall be charged for electronic records.
The secretary may destroy any records of the office that have been maintained on file for five (5) years that the secretary considers obsolete and of no further service in carrying out the powers and duties of the office.
All fees collected under 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.

History. Acts 1949, No. 142, §§ 23, 24; A.S.A. 1947, §§ 75-123, 75-124; Acts 1987, No. 371, § 1; 2015, No. 569, § 1; 2017, No. 448, § 5; 2019, No. 910, §§ 4498, 4499.

Amendments. The 2015 amendment redesignated former (a)(2) as (a)(2) and (3); in (a)(2), deleted “and” preceding “research,” deleted “or” following “published,” and added “or for any other purpose authorized by the Driver's Privacy Protection Act of 1994, 18 U.S.C. § 2721 et seq., as it existed on January 1, 2015”; added “or a noncertified electronic copy of any record of the office” at the end of (b)(1); substituted “certified record” for “document so” in (b)(2); added (b)(4); added (d); and made stylistic changes.

The 2017 amendment, in (b)(1), substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and “director” for “commissioner”; and, in (c), substituted “director” for “commissioner” and “the director” for “he or she”.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b)(1); and substituted “secretary” for “director” in (b)(1) and twice in (c).

27-14-413. Distribution of laws.

The Office of Motor Vehicle may publish a synopsis or summary of the laws of this state regulating the operation of vehicles and may deliver a copy without charge with each original vehicle registration.

History. Acts 1949, No. 142, § 27; A.S.A. 1947, § 75-127.

27-14-414. [Repealed.]

Publisher's Notes. This section, concerning the Vehicle Insurance Database, was repealed by Acts 2017, No. 1016, § 1, effective January 1, 2019. The section was derived from Acts 1997, No. 991, § 5.

Subchapter 5 — Commission for Reciprocal Agreements

Preambles. Acts 1945, No. 60 contained a preamble which read:

“Whereas, the free flow of commerce between the several states of the United States not only reduces costs to the producer, manufacturer, and consumer, but also gives a distinct advantage to citizens of those states having no trade barriers; and

“Whereas, the motor transportation industry is of widespread importance to every citizen, industry, business, producer and manufacturer in the State of Arkansas; and

“Whereas, motor carriers domiciled in Arkansas are confronted with certain trade barriers, which increase their operating costs and place them at a distinct disadvantage in competing with carriers domiciled in other states; and

“Whereas, numerous states of the United States, including our neighbor commonwealths of Tennessee, Missouri, Oklahoma, Texas and Louisiana, have enacted laws effecting the removal of trade barriers that were retarding the growth and usefulness of the motor carrier industry within such States; and

“Whereas, states having reciprocal laws retaliate against motor carriers domiciled in Arkansas because Arkansas is not authorized to make reciprocal agreements, which retaliation results in a pyramiding of the operating expense of Arkansas carriers and discourages the investment of new capital within the State;

“Now, therefore … .”

Acts 1977, No. 313 contained a preamble which read:

“Whereas, Act 495 of 1975 authorized reciprocal agreements with other states for the registration of commercial motor vehicles according to a mutually agreed formula; and

“Whereas, pursuant to this legislation the international registration plan was adopted and became effective on July 1, 1976; and

“Whereas, no authorization currently exists for transferring the registration effected under said plan or authorizing the refund of any unused portion of said registration; and

“Whereas, the General Assembly is desirous of correcting this inequity by authorizing the refund of unused proportional amounts of said registration … .”

Effective Dates. Acts 1945, No. 60, § 4: Effective on passage. Approved Feb. 16, 1945.

Acts 1977, No. 313, § 5: Mar. 1, 1977. Emergency clause provided: “It is hereby determined by the General Assembly that since no provision exists for the refund of moneys paid to this State under the international registration plan and because this lack of authorization for refund creates a hardship upon the citizens of this State who are registrants under this plan, an emergency is declared to exist and this Act shall become effective upon the date of its approval.”

Acts 1979, No. 611, § 4: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the Seventy-Second General Assembly that the present method of registering semitrailers is too burdensome on the owners of such, and that this Act is immediately necessary to ease such burden. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect on July 1, 1979.”

Acts 1989 (1st Ex. Sess.), No. 153, § 8: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that the provisions of this Act are essential to the efficient administration of programs for the regulation of transportation and safety of operation of public carriers, as well as other programs herein. Therefore, an emergency is declared to exist and this Act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after July 1, 1989.”

27-14-501. Creation.

An ex officio commission, composed of the Secretary of the Department of Finance and Administration, who shall serve as chair, the Chair of the State Highway Commission, and the Director of State Highways and Transportation, is established for the purpose of representing the State of Arkansas in the matter of making reciprocal agreements relating to the operation of motor vehicles.

History. Acts 1945, No. 60, § 1; A.S.A. 1947, § 75-250; Acts 1989 (1st Ex. Sess.), No. 153, § 4; 2019, No. 910, § 4500.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-502. Agreements generally.

The commission is authorized to negotiate and consummate reciprocal agreements with the duly authorized officials or representatives of any states of the United States, whereby residents of other states who operate commercial motor vehicles may allocate and apportion the registration of commercial motor vehicles in accordance with any formula mutually agreed upon between the commission and the representatives or officials of the state if residents of this state are granted the same allocation and apportionment privileges for commercial motor vehicles' registration in the other state.
Nothing in this section shall be construed as relieving any motor vehicle owner or operator from complying with all laws, rules, and regulations pertaining to the safety of operation of motor vehicles, the highway maximum weight standards, and the preservation of the highways of this state.
1. In the making of any reciprocal agreement, the commission shall exercise due regard for the advantage and convenience of resident motor vehicle owners and the citizens of this state.
2. No agreement shall be entered into with any state extending privileges and exemptions to motor vehicle operators of the state unless that state accords equal or greater privileges and exemptions to Arkansas motor vehicle operators.

History. Acts 1945, No. 60, §§ 2, 3; 1975, No. 495, § 1; A.S.A. 1947, §§ 75-251, 75-252.

Case Notes

Cited: Gray v. Ragland, 277 Ark. 232, 640 S.W.2d 788 (1982).

27-14-503. [Repealed.]

Publisher's Notes. This section, concerning registration and licensing of semitrailers under reciprocal agreements, was repealed by Acts 1997, No. 809, § 8. The section was derived from Acts 1979, No. 611, §§ 1, 2; A.S.A. 1947, §§ 75-251.1, 75-251.2.

27-14-504. Proportionate refund of registration fees authorized.

The Secretary of the Department of Finance and Administration is authorized to refund a proportionate part of the registration fees paid to this state under the provisions of the International Registration Plan which became effective July 1, 1976, under the following conditions:
1. The registrant has discontinued operations in the State of Arkansas;
2. The vehicle registered has been totally destroyed; or
3. The registrant has changed his or her operations in Arkansas such that registration under the International Registration Plan would no longer be appropriate in this state.
The refund will be in an amount equal to that proportionate amount of the remaining registration year beginning with the month next following that month in which the secretary is notified that the registrant wishes to cancel his or her registration by surrendering all registration documents and license plates.
The secretary is authorized to promulgate such rules as may be necessary to effectuate the terms of this section.

History. Acts 1977, No. 313, §§ 2-4; A.S.A. 1947, §§ 75-252.1 — 75-252.3; Acts 2019, No. 315, § 3086; 2019, No. 910, §§ 4501, 4502.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); and substituted “secretary” for “director” in (b) and (c).

27-14-505. Mileage audits and records reexaminations — Appeal.

As used in this section, “member jurisdiction”, “mileage audit”, “record reexamination”, and “registrant” mean the same as defined in the International Registration Plan, as it existed on January 1, 2017.
1. 1. A registrant who desires a hearing to appeal the findings of a mileage audit or a record reexamination shall notify the Secretary of the Department of Finance and Administration in writing within thirty (30) calendar days from the date the registrant is notified of the findings of the mileage audit or the record reexamination.
  2. A hearing officer appointed by the secretary shall schedule a hearing in any city in which the Department of Finance and Administration maintains a field audit district office or in any other city that the secretary designates, unless the secretary and the registrant agree to another location for the hearing or agree that the hearing shall be heard by telephone.
  3. A hearing conducted under this section is subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  4. The hearing officer handling the appeal under this section shall render his or her decision in writing to sustain, modify, or reverse the findings of the mileage audit or the record reexamination based upon the evidence presented at the hearing and shall serve a copy of the decision on the registrant.
2. 1. If the decision of the hearing officer under this section sustains, in whole or in part, the findings of the mileage audit or record reexamination, the registrant may file suit within thirty (30) days of receipt of the decision in the Pulaski County Circuit Court or the circuit court of the county of the registrant's principal place of business.
  2. The registrant shall properly serve the secretary with a copy of any appeal to circuit court challenging the decision of the hearing officer under this section.
3. A registrant may appeal a decision of the circuit court in accordance with the laws governing appeals.
4. 1. At the conclusion of the appeals process, the secretary shall notify all affected member jurisdictions of the results of the appeal.
  2. Any further challenge to the findings of a mileage audit or record reexamination shall be made under Section 1400 of the International Registration Plan, as it existed on January 1, 2017.
The secretary may promulgate rules to implement this section.

History. Acts 2017, No. 997, § 2; 2019, No. 910, §§ 4503-4506.

A.C.R.C. Notes. Acts 2017, No. 997, § 1, provided: “Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) Arkansas has entered into a reciprocity agreement known as the International Registration Plan, is a member jurisdiction under the International Registration Plan, and is a base jurisdiction under the International Registration Plan, as those terms are understood or defined under the International Registration Plan;

“(2) Article X of the International Registration Plan authorizes and requires the Director of the Department of Finance and Administration to perform mileage audits and reexaminations of the records of registrants to which Arkansas has issued apportioned registration;

“(3) Upon completion of a mileage audit, the director is required to provide a copy of the completed audit to the registrant and to all International Registration Plan member jurisdictions in which the registrant is apportioned or in which the registrant traveled during the audit period;

“(4) Article X of the International Registration Plan permits member jurisdictions to request a reexamination of a registrant's records within forty-five (45) days of the date a member jurisdiction is notified of the findings of any audit conducted by the director; and

“(5) Article X, Section 1065, of the International Registration Plan requires the director to provide a registrant with a mechanism to appeal the findings of a mileage audit or a record reexamination.

“(b) The General Assembly intends for this act to:

“(1) Ensure the state's compliance with the requirements of the International Registration Plan by establishing a procedure under which an International Registration Plan registrant may appeal the findings of a mileage audit or a record reexamination under the International Registration Plan; and

“(2) Clarify that International Registration Plan registrants may challenge the findings of an International Registration Plan mileage audit or records reexamination under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.”

Subchapter 6 — Registration and License Fees

Acts 1939, No. 386, § 33: Mar. 17, 1939. Emergency clause provided: “It is hereby ascertained and declared to be a fact that due to the lack of any provision for the registration of motor vehicles in this State, there is a great deal of confusion and some practice of fraud resulting in the used car business; that this act will protect the citizens of this State from fraud and theft of their cars, therefore, an emergency is found to exist and this act, being necessary for the immediate preservation of the public peace, health and safety, shall become effective upon its passage and approval.”

Acts 1949, No. 235, § 12: Mar. 4, 1949. Emergency clause provided: “Whereas the condition of the State Highways in this State has deteriorated to such an extent that, the investment in, and use of, highway surfaces is in danger of being lost by reason of inadequate funds with which to repair same; that such deteriorated condition constitutes a menace and danger to the people of Arkansas, and retards and hinders the economic development of this State; and that, unless additional revenues are provided, or the existing laws strengthened in their enforcement provisions, in the manner set forth in this Act, the transportation facilities of this State will suffer irreparable injury and damage, and endanger the lives and well being of the citizens of this State. An emergency is declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, the same shall take effect and be in force from and after its passage and approval.”

Acts 1951, No. 78, § 2: Feb. 15, 1951. Emergency clause provided: “It has been found and is declared by the General Assembly of Arkansas that many violations of the Special Natural Resources Classification have occurred and are occurring; that such is discriminatory against those purchasing proper license that the State of Arkansas is losing proper license fees; and that enactment of this bill would provide for the elimination of such practices. Therefore, an emergency is declared to exist and this Act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1953, No. 113, § 2: Feb. 20, 1953. Emergency clause provided: “Due to the increased volume and cost of handling reserved license tags, necessitating additional employees and facilities in the Department of Revenues to render this special service, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety, shall take effect and be in force from and after its passage and approval.”

Acts 1963, No. 142, § 2: July 1, 1963.

Acts 1965 (1st Ex. Sess.), No. 42, § 4: June 10, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide sufficient revenues to provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance an adequate highway and street maintenance and construction program; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets are not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 21, § 2: Jan. 30, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that the existing fees charged for the licensing of vehicles for hire are excessive and in many instances communities of this State are facing the loss of essential public transportation services unless immediate relief is provided. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 82, § 3: Feb. 13, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the cost of the dealers' motor vehicle license plates is unusually high in comparison to the fee charged for obtaining regular license plates; that the privilege that attaches to such dealers' motor vehicle license plates are restricted and meager; that the revenues derived from such license plates are substantial; and that it is necessary in order to insure car dealers more freedom in the usage of such plates, that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in effect from the date of its passage and approval.”

Acts 1971, No. 181, § 4: Feb. 26, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is no provision for the licensing of semi-trailers having a gross loaded weight ranging between 1,001 to 6,000 pounds; that as a result camping trailer owners are paying a minimum licensing fee of thirty dollars ($30.00) per year; and that only by the passage of this Act can this situation be remedied. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall become effective from and after its passage and approval.”

Acts 1971, No. 348, § 4: Mar. 22, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that there is no provision for the licensing of semi-trailers having a gross loaded weight ranging between 1,001 and 6,000 pounds; that as a result camping trailer owners are paying a minimum licensing fee of thirty dollars ($30.00) per year; and that only by the passage of this Act can this situation be remedied. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall become effective from and after its passage and approval.”

Acts 1971, No. 469, § 4: Apr. 1, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the costs of dealer's extra license plates is unusually high and that it is necessary for all motor vehicle dealers to have a reasonable supply of these plates on hand to comply with the provisions of the Permanent Auto Licensing Law, Act 465 of 1967, that the revenue derived from such license plates is substantial and that it is necessary in order to insure car dealers more freedom in the usage of such plates, that this change in fees become effective immediately. Therefore, an emergency is declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.”

Acts 1979, No. 440, §§ 4, 7: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance adequate highway, road and street maintenance and construction programs; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets is not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July first of 1979.”

Acts 1979, No. 671, § 28: Mar. 30, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present system of registration and licensing of small and medium size trailers is cumbersome, expensive, and time consuming; that each year thousands of dollars of tax moneys are expended unnecessarily by the State of Arkansas for the salaries of the additional employees to process and issue licenses for trailers; and that a less expensive and more simplified system would substantially reduce the administrative costs of such system and that in order to institute an inexpensive time saving and centralized system of trailer registration and licensing and to make available to this State additional revenues without a general tax increase, it is necessary that this act become effective immediately. Therefore, an emergency is hereby declared to exist and this act, being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1981, No. 63, §§ 3, 6: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that a more equitable distribution of the burden of registration fees should be made among those motor vehicles registered by the citizens and operated on the streets and highways of the State; that to this end those fees should be changed to more equitably distribute this burden; that the motor vehicle traffic on the public highways and streets of this State make it immediately necessary that funds be provided in order to finance adequate highway, road and street maintenance and construction programs; and that only by the immediate passage of this Act may such burden be equitably distributed and the funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and in effect on and after July 1, 1981.”

Acts 1981, No. 692, §§ 3, 6: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that a more equitable distribution of the burden of registration fees should be made among those motor vehicles registered by the citizens and operated on the streets and highways of the State; that to this end those fees should be changed to more equitably distribute this burden; that the motor vehicle traffic to the public highways and streets of this State make it immediately necessary that funds be provided in order to finance adequate highway, road and street maintenance and construction programs; and that only by the immediate passage of this Act may such burden be equitably distributed and the funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect on and after July 1, 1981.”

Acts 1981, No. 797, §§ 2, 5: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that some vehicles are only operated on the streets and highways of the State for a limited period of time each year as a result of seasonal agricultural and commercial needs; some flexibility is needed so that these vehicles may be licensed to so operate; and that only by the immediate passage of this Act may such flexibility be achieved. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and in effect on and after July 1, 1981.”

Acts 1985, No. 415, § 5: Mar. 19, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that considerable confusion and disagreement have arisen concerning eligibility of vehicles licensed as five axle natural resources vehicles for the eight percent (8%) variance authorized in subsection (g) of Section 5 of Act 98 of 1955, as amended; that it is the purpose and intent of this Act to clarify said subsection (g) in order to assure that such vehicles are eligible for the eight percent (8%) variance; and that some agencies of state government are interpreting Ark. Stat. Ann. 75-201(C)(8) differently than it was intended to be interpreted by the General Assembly and that it is necessary for the General Assembly to reaffirm its long standing policy of allowing natural resource licensees to haul natural resource products at the maximum gross loaded weights permitted to be hauled by any other type of licensee. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1989, No. 103, § 4: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the State is in serious danger of losing revenues which are necessary to provide adequate funding for essential service required by the citizens of this State and that the provisions of this act are necessary to avoid a substantial reduction in State revenues. Therefore, an emergency is hereby declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1989.”

Acts 1991, No. 219, § 10: Feb. 22, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that many of the highways, roads and streets in this state are operationally inadequate and immediate steps must be taken to provide additional funds for the maintenance, construction and reconstruction of such highways, roads and streets; that proper maintenance, construction and reconstruction of such highways, roads and streets is essential to the public health, welfare and safety of the people of this state and that only by the immediate passage of this act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after the first day of the first month immediately following its passage and approval.”

Identical Acts 1992 (1st Ex. Sess.), Nos. 68 and 69, § 10: Mar. 20, 1992. Emergency clauses provided: “It is hereby found and determined by the General Assembly that a number of farmers in this state have recently purchased vehicles for the purposes of transporting compressed seed cotton from the farm to the market; that unfortunately many such vehicles exceed the current width and length laws of this state and when loaded with such compressed seed cotton at times exceed the current maximum weight laws; that unless the width, length and weight laws of this state are amended, such farmers will suffer a severe economic hardship; that the application for and securance of a special permit from the Arkansas State Highway Commission would result in an unduly cumbersome and burdensome process not only for the farmer but also for the state and that only by the immediate effectiveness of this Act may these problems be solved. Therefore an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 1261, § 4: Jan. 1, 1994.

Acts 1995, No. 389, § 6: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that all trucks with a nominal tonnage of one ton are currently required to be registered between July 1 and July 30 of each year; that this current registration places an undue burden on owners of trucks with a nominal tonnage of 1 ton by limiting the time these vehicles can be registered; and that this act relieves this burden by allowing these trucks to be registered throughout the year. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July 1, 1995.”

Acts 1995, No. 725, § 18: Mar. 21, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that since 1977 tax collection, driver's services, motor vehicle registration and other duties imposed by law upon the Revenue Division have substantially increased; that the building housing the Revenue Division of the Department of Finance and Administration is no longer adequate to allow the Revenue Division to properly and efficiently to carry out its functions and duties; that services provided to taxpayers may be improved and expanded with the construction and use of an additional building; and, that this act is designed to alleviate the stated problems. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 974, § 21: Jan. 1, 1998.

Acts 1999, No. 385, § 6: June 1, 2000.

Acts 2001, No. 330, § 10: Jan. 1, 2002.

Acts 2005, No. 1929, § 6: Jan. 1, 2006.

Acts 2011, No. 718, § 4: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Department of Arkansas State Police is experiencing severe revenue shortages in the State Police Retirement System and that this act is necessary to ensure that the State Police Retirement System continues to operate in a fiscally sound manner. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2013, No. 437, § 2: Jan. 1, 2014.

Acts 2013, No. 1176, § 5: Oct. 1, 2013.

Acts 2017, No. 331, § 2: Nov. 13, 2017.

Acts 2019, No. 416, § 8: Oct. 1, 2019. Effective date clause provided: “Sections 4-7 of this act are effective on the first day of the calendar quarter following the effective date of this act”.

Research References

Ark. L. Rev.

County Motor Vehicle Tax, 5 Ark. L. Rev. 370.

Assessment and Licensing of Motor Vehicles, 7 Ark. L. Rev. 349.

27-14-601. Fees for registration and licensing of motor vehicles — Definitions.

Fees Generally. The fee for the registration and licensing of all motor vehicles shall be as follows:
1. Pleasure Vehicles. For all automobiles equipped with pneumatic tires, used for the transportation of persons, there shall be charged and collected the following fees based upon the unladen weight of the automobiles:
  1. Class One — Automobiles of 3,000 lbs. or less $17.00;
  2. Class Two — Automobiles of 3,001 lbs. to and including 4,500 lbs. $25.00; and
  3. Class Three — Automobiles of 4,501 lbs. and over $30.00;
2. Automobiles for Hire. For all automobiles for hire which are equipped with pneumatic tires and used for the transportation of persons, there shall be charged and collected the fee applicable thereto as set for pleasure vehicles in subdivision (a)(1) of this section;
3. Trucks and Trailers. For all motor trucks, trailers, and semi-trailers including pipe and pole dollies, equipped with pneumatic tires, the license fee shall be charged on the basis of the gross loaded weight of the vehicle as follows:
  1. Class One — All trucks and vans that are rated by the manufacturer as having a nominal tonnage of one (1) ton that are used exclusively for personal transportation and are not used for commercial or business purposes and all trucks and vans that are rated by the manufacturer as having a nominal tonnage of three-quarter (¾) ton or less shall be assessed a license fee of twenty-one dollars ($21.00) without regard to weight. All one-ton trucks and vans that are used for commercial or business purposes shall be registered in the appropriate class according to gross laden weight;
  2. Class Two — On all vehicles with a gross loaded weight between six thousand one pounds (6,001 lbs.) and twenty thousand pounds (20,000 lbs.), the fee to be charged shall be at the rate of six dollars and fifty cents ($6.50) per thousand pounds of gross loaded weight of the vehicles;
  3. Class Three — On all vehicles with a gross loaded weight between twenty thousand one pounds (20,001 lbs.) and forty thousand pounds (40,000 lbs.), the fee to be charged shall be at the rate of eight dollars and forty-five cents ($8.45) per thousand pounds of the gross loaded weight of the vehicles;
  4. Class Four — On all vehicles with a gross weight between forty thousand one pounds (40,001 lbs.) and fifty-six thousand pounds (56,000 lbs.), the fee to be charged shall be at the rate of eleven dollars and five cents ($11.05) per thousand pounds of gross loaded weight of the vehicles;
  5. Class Five — On all vehicles with a gross loaded weight between fifty-six thousand one pounds (56,001 lbs.) and sixty thousand pounds (60,000 lbs.), the fee to be charged shall be at the rate of twelve dollars and thirty-five cents ($12.35) per thousand pounds of gross loaded weight of the vehicles;
  6. Class Six — On all vehicles with a gross loaded weight between sixty thousand one pounds (60,001 lbs.) and sixty-eight thousand pounds (68,000 lbs.), the fee to be charged shall be at the rate of thirteen dollars and sixty-five cents ($13.65) per thousand pounds of gross loaded weight of the vehicles;
  7. 1. Class Seven — On all vehicles with a gross loaded weight between sixty-eight thousand one pounds (68,001 lbs.) and seventy-three thousand two hundred eighty pounds (73,280 lbs.), the fee to be charged shall be at the rate of fourteen dollars and thirty cents ($14.30) per thousand pounds of gross loaded weight of the vehicles.
    2. 1. On all vehicles with a gross loaded weight between seventy-three thousand two hundred eighty-one pounds (73,281 lbs.) and eighty thousand pounds (80,000 lbs.), the fee to be charged shall be one thousand three hundred fifty dollars ($1,350).
      2. In addition to the fee set forth in subdivision (a)(3)(G)(ii)(a) of this section and on all vehicles registered with the International Registration Plan to be engaged in interstate commerce with a gross loaded weight between seventy-three thousand two hundred eighty-one pounds (73,281 lbs.) and eighty thousand pounds (80,000 lbs.), an additional fee to be fifteen percent (15%) of the amount charged in subdivision (a)(3)(G)(ii)(a) of this section;
  8. Class Eight.
    1. In order to aid in the development of the natural resources and to promote agriculture, timber harvesting, and forestry in Arkansas and in order to eliminate apparent inequities in license charges for vehicles using only improved roads and those used primarily on the farm, for timber harvesting or forestry, in the wooded areas, and off the main highway system of this state, a special classification is created to provide a different and more equitable rate for those vehicles used exclusively for the noncommercial hauling of farm or timber products produced in this state and for the hauling of feed, seed, fertilizer, poultry litter, and other products commonly produced or used in agricultural operations or the hauling of animal feed by owners of livestock or poultry for consumption in this state by livestock or poultry owned by them and for those vehicles used in the hauling of unfinished and unprocessed forest products and clay minerals and ores originating in Arkansas from the point of severance to a point in the state at which they first undergo any processing, preparation for processing, conversion, or transformation from their natural or severed state. Notwithstanding any provision of this subdivision (a)(3)(H) to the contrary, farmers may transport cotton seed from the gin or warehouse to the first point of sale under this special classification. Rock or stone or crushed rock or crushed stone, except rock or stone which is to undergo further processing into a finished or semifinished product other than crushed rock or crushed stone, shall not be construed as clay minerals or ores under the provisions of this classification. Notwithstanding any provision of this subdivision (a)(3)(H) or any other law to the contrary, persons in the timber harvesting or forestry industries who transport wood waste, wood chips, or wood dust from a mill or a temporary location may transport the wood waste, wood chips, or wood dust from the mill or the temporary location to a destination for further processing under this special classification.
    2. The annual license fees for vehicles classified as either farm or natural resources vehicles shall be as follows:
      1. For a vehicle with two (2) axles, including mini-trucks, a fee of three dollars and ninety cents ($3.90) per one thousand pounds (1,000 lbs.) of gross loaded weight of the vehicle, with a minimum fee of thirty-two dollars and fifty cents ($32.50) and a maximum fee of sixty-five dollars ($65.00) for each vehicle;
      2. For a vehicle with three (3) axles, a fee of ninety-seven dollars and fifty cents ($97.50);
      3. For a vehicle with four (4) axles, a fee of one hundred thirty dollars ($130);
      4. For a vehicle with five (5) axles, a fee of one hundred sixty-two dollars and fifty cents ($162.50);
      5. For a vehicle with five (5) axles used exclusively by the owner of livestock or poultry in hauling animal feed for consumption in this state by the owner's livestock or poultry, a fee of six hundred fifty dollars ($650); and
      6. Notwithstanding any of the provisions of this subdivision (a)(3)(H) to the contrary, for a vehicle to be operated separately or in combination with other vehicles, which vehicle or combination has a total outside width in excess of one hundred two inches (102") but not exceeding one hundred eight inches (108") and is utilized or intended to be utilized to transport compacted seed cotton, the annual license fee shall be six hundred fifty dollars ($650). Provided, any full trailer or semitrailer used in combination with the registered vehicle shall also be registered in accordance with and pursuant to the applicable fees set out in subdivision (a)(3)(I) of this section. That portion of the annual license fee established by this subdivision (a)(3)(H)(ii)(f) which equals four hundred eighty-seven dollars and fifty cents ($487.50) is declared to be a permit fee for the use of the public roads and streets of this state by the vehicles while operated separately or in combination with other vehicles due to the unusual design and size of the vehicles or combinations of vehicles.
    3. 1. The foregoing vehicles shall not exceed the maximum axle load permitted by law.
      2. Five-axle vehicles may haul maximum gross loaded weights of up to eighty thousand pounds (80,000 lbs.) without the purchase of any additional or different type license.
    4. The Secretary of the Department of Finance and Administration shall cause to be issued special and distinctive license plates for vehicles in this classification, with separate farm license plates to be established for those vehicles used in the noncommercial hauling of farm products produced in this state, and for the hauling of feed, seed, fertilizer, poultry litter, and other products commonly produced or used in agricultural operations or compacted seed cotton and separate natural resources license plates to be established for those vehicles hauling timber products, clay minerals, or ores.
    5. 1. Before any license may be issued for a vehicle designated as either a farm vehicle or a natural resources vehicle, the applicant shall, by affidavit, state that he or she is familiar with the purposes for which the licenses may be used as authorized under this classification and that he or she will not use the vehicle for which application for license is made for any purpose not authorized under this classification. The applicant shall indicate on his or her affidavit whether the vehicle is to be used for the hauling of farm products, animal feed, compacted seed, or cotton or for the hauling of forest products, clay minerals, or ores.
      2. If the applicant is the owner of a mini-truck, then the affidavit shall state that the vehicle is being used exclusively for farm purposes and that the mini-truck meets the other requirements of § 27-14-726.
    6. 1. Upon submitting an affidavit, any person entitled to obtain a farm license for a motor vehicle used for hauling farm products as authorized under this classification, if the vehicle is required for only seasonal or occasional use, may be issued a farm license for the vehicle for the first six (6) months of the annual licensing period at a rate equal to one-half (½) of the annual fee but in no event less than sixty-five dollars ($65.00) or for the last month of the current annual licensing period and the first six (6) months of the subsequent annual licensing period at a rate equal to seven-twelfths (7/12) of the annual fee but in no event less than seventy-five dollars ($75.00).
      2. The secretary shall issue special distinctive license plates or license plate validation decals for the vehicles, including the indication thereon of the expiration date, so as to identify them from annual plates.
    7. The owner of any motor vehicle who is entitled to obtain a farm license for the motor vehicle for use in hauling farm products as authorized in this subdivision (a)(3)(H) may use the motor vehicle for the hauling of baled cotton from the cotton gin to a cotton compress without the necessity of the payment of additional license fees or the obtaining of additional license plates for the motor vehicle.
    8. The secretary shall promulgate such rules as may be necessary to carry out the intent of this classification and prevent abuse thereof. However, before any such rules shall be effective, they shall be approved by majority action of the members of the State Highway Commission acting for and in behalf of the Arkansas Highway Police Division of the Arkansas Department of Transportation, which is the agency charged with the principal responsibility of enforcing the motor vehicle license laws of this state.
    9. Vehicles licensed under this classification for the hauling of farm products only shall be permitted, without payment of additional fees, to transport return loads to the farm or domicile of the owner of the vehicles where the return load contents are the property of, and to be used or consumed by, the owner of the vehicle or his or her family.
    10. If a violation of the natural resources classification as authorized in this subdivision (a)(3)(H) is discovered, a license must immediately be purchased for the vehicle in accordance with the rate of license that should lawfully be required for the vehicle for so moving on the roads and highways of this state. No credit shall be given on the purchase price of the license for any amount or amounts paid for license hitherto purchased for use on the vehicle. This requirement of license purchase shall not be in lieu of any criminal prosecution.
    11. All affidavits required under the provisions of this subdivision (a)(3)(H) shall be acknowledged by the secretary, his or her authorized agent, or some other person authorized by the laws of this state to administer oaths.
    12. The owner of a mini-truck under § 27-14-726 may license and register the mini-truck as a Class Eight farm vehicle if the vehicle is used for farm purposes;
  9. Class Nine.
    1. 1. For the purpose of evidencing registration of trailers, semitrailers, and full trailers, there shall be issued special license plates and annual registration fees charged and collected according to the following schedule:
        
        All trailers drawn by automobiles and Class One trucks, and all boat trailers and travel trailers drawn by any truck, which truck has a load capacity of one (1) ton or less, a triennial fee of twenty-one dollars ($21.00). Provided, however, every owner of a trailer drawn by automobiles and Class One trucks, and all boat trailers and travel trailers drawn by any truck, purchased or otherwise acquired on or after January 1, 2002, shall pay thirty-six dollars ($36.00) for the issuance of a permanent registration that shall remain valid, without renewal, until the owner of the trailer sells or otherwise disposes of the trailer for which the registration is issued. Permanent registration issued under this subdivision (a)(3)(I)(i)(a)(1) shall not be transferred to other owners or other vehicles, and shall not be replaced under § 27-14-602(b)(6). Any owner of a trailer registered under the provisions of this subdivision (a)(3)(I)(i)(a)(1) before January 1, 2002, may, at his or her option, upon expiration of the registration, pay thirty-six dollars ($36.00) for the issuance of a permanent registration as authorized in this subdivision (a)(3)(I)(i)(a)(1) ;
        
        All semitrailers used in combination with Class Two — Class Eight trucks, with the exception of those for which a fee is set out in subdivision (a)(3)(I)(i)(a)(1) of this section, a fee of twenty dollars ($20.00). Provided, however, the owner of any semitrailer used in combination with Class Two — Class Eight trucks may, at his or her option, pay a fee of sixty-five dollars ($65.00) for issuance of a permanent registration that shall remain valid, without annual renewal, until he or she sells or otherwise disposes of the semitrailer for which the registration is issued. Permanent registrations issued under this subdivision (a)(3)(I)(i)(a)(2) shall not be transferred to other owners or other vehicles and shall not be replaced under § 27-14-602(b)(6);
        
        Full trailers operated in the transportation of farm products and other natural resources described as Class Eight, a fee of eight dollars ($8.00); and
        
        For all other full trailers there shall be charged an annual license fee computed on the gross loaded weight of the vehicle at the appropriate rate provided by Class Two — Class Seven of this subdivision (a)(3).
      2. For the purpose of evidencing registration of a combination of truck-trailer and semitrailer classified by subdivision (a)(3)(I)(i)(a)(2) , the license fee for the gross weight of the combination shall be computed at the appropriate rate provided by Class Two — Class Eight of this subdivision (a)(3) and shall be applied to the registration of the truck tractor.
    2. 1. “Gross loaded weight” as used in this section means the weight of the vehicle or vehicles plus the load to be hauled.
      2. If any truck, trailer, or semitrailer, as provided in this section, is at any time found to be operating on the highways of Arkansas with a gross loaded weight in excess of the weight permitted by the license registration thereon, the owner or his or her agent must then and there, before proceeding, pay an additional license fee on the truck, trailer, or semitrailer, or combination, on the basis of one dollar and thirty cents ($1.30) per one hundred pounds (100 lbs.), or fraction thereof, for the excess weight. For the purpose of ascertaining excess loaded weight on any truck, trailer, semitrailer, or combination thereof, a tolerance of one thousand pounds (1,000 lbs.) over and above the permitted weight, as indicated by the license registration certificate thereof, shall be allowed before the additional license fee required in this subdivision (a)(3)(I)(ii)(b)(1) shall be charged.
        
        It shall be unlawful for any truck to operate on the highways of Arkansas without the license registration card being, at all times, in the possession of the operator thereof. This card shall, at all times, be subject to inspection.
        
        Any truck, trailer, or semitrailer, or combination thereof, on which an additional license fee is paid because of excess weight, as provided in this subdivision (a)(3)(I)(ii)(b) , shall be permitted for the remaining portion of the regular license year to operate at the newly established weight limit.
        
        In no event shall any license be issued for a greater weight than that permitted by law governing axle loads; and
        
        For the registration of motorcycles, there shall be charged and collected a fee of six dollars and fifty cents ($6.50) per annum.
        
        For the registration of motor-driven cycles, there shall be charged and collected a fee of three dollars and twenty-five cents ($3.25) per annum.
        
        For the registration of motorcycle sidecars, there shall be charged and collected an additional registration fee of one dollar and ninety-five cents ($1.95) per annum;
  10. 1. The secretary shall cause to be issued special and distinctive license plates for vehicles licensed under Class Two — Class Seven in this section, which are utilized as wreckers or tow vehicles and that hold a permit issued by the Arkansas Towing and Recovery Board under § 27-50-1203 and the rules promulgated thereunder.
    2. Before any license may be issued for a vehicle designated as a wrecker or tow vehicle, the applicant shall furnish to the secretary a certification from the board that the wrecker or tow vehicle has been permitted as a wrecker or tow vehicle by the board.
    3. Beginning January 1, 2008, every wrecker or tow vehicle permitted by the board shall obtain upon initial registration or at the time of next renewal a distinctive wrecker or tow vehicle license plate.
    4. In addition to the fee for the respective Class Two — Class Seven license, the secretary may assess a handling and administrative fee in the amount of ten dollars ($10.00) for each distinctive wrecker or tow vehicle license plate.
    5. A wrecker or tow vehicle licensed pursuant to the International Registration Plan may obtain the distinctive wrecker or tow vehicle license plate to be displayed in addition to any license plate held pursuant to the International Registration Plan;
4. Motorcycles.
5. Hearses and Ambulances. For the registration of hearses and other funeral cars or ambulances, there shall be charged and collected a fee of forty-five dollars and fifty cents ($45.50) per annum; and
6. Dealers.
  1. A “dealer”, for the purposes of this subdivision (a)(6), means a person, firm, or corporation engaged in the business of buying and selling vehicles subject to registration in this state.
  2. 1. As a condition precedent to obtaining dealer's license plates, the dealer shall furnish the secretary a certification that the applicant is a vehicle dealer and has a bona fide, established place of business used for the sale of vehicles, an office used for that business, a telephone listed in the name of the business, and a sign identifying the establishment. Certification shall be required for all renewals of dealer license plates. This dealer certification shall not apply to dealers licensed by the Division of Arkansas State Police, the Arkansas Motor Vehicle Commission, or the Arkansas Manufactured Home Commission and who are regulated by those authorities. The dealer certification shall consist of completion of a self-certification form prepared by the Office of Motor Vehicle.
    2. 1. Except as provided in subdivision (a)(6)(B)(iv) of this section for dealers who sell only all-terrain vehicles, upon furnishing the certification to the secretary, or a copy of the dealer's license from either the Division of Arkansas State Police or the Arkansas Motor Vehicle Commission and the payment of a fee of one hundred dollars ($100), the dealer shall be issued a master license plate and upon the payment of a fee of twenty-five dollars ($25.00) shall be issued a dealer's extra license plate as provided in § 27-14-1704. However, the dealer must secure a master license plate for each separate place of business.
      2. No more than one (1) dealer's extra license plate shall be issued for each manager, sales manager, or salesperson of the dealer as authorized under § 27-14-1704, regardless of whether the dealer sells automobiles, motorcycles, or both automobiles and motorcycles.
      3. Notwithstanding any other provision of this chapter, the Office of Motor Vehicle shall provide distinctive dealer's master and extra license plates for motorcycles. Motorcycle dealers shall not be provided and shall not be authorized to use dealer's license plates designed for any motor vehicle other than a motorcycle unless the dealer provides proof to the satisfaction of the Office of Motor Vehicle that the dealer is also in the business of selling new or used motor vehicles of the type for which the dealer plate is sought.
    3. 1. Upon furnishing certification to the secretary or a copy of the dealer's license from the Arkansas Manufactured Home Commission and upon the payment of fifty dollars ($50.00), the manufactured home dealer shall be issued certification from the secretary for the purpose of assigning manufactured home titles.
      2. Each location shall be treated as a separate entity, and certification by the department shall be required for each location.
      3. Notwithstanding any other provision of this chapter, the Office of Motor Vehicle shall provide distinctive dealer's license plates for manufactured homes. Manufactured home dealers shall not be provided and shall not be authorized to use dealer's license plates designed for a motor vehicle, motorcycle, or anything other than a manufactured home.
    4. 1. Upon furnishing certification to the secretary or a copy of the dealer's license from the Arkansas Motor Vehicle Commission and upon the payment of one hundred dollars ($100), dealers engaged exclusively in the business of buying and selling all-terrain vehicles, as defined in § 27-21-102, shall be issued certification from the secretary for the purpose of assigning all-terrain vehicle titles.
      2. Each dealer location shall be treated as a separate entity, and certification by the secretary shall be required for each location.
      3. Notwithstanding any other provision of this chapter, all-terrain vehicle dealers that are engaged solely in the business of buying and selling all-terrain vehicles shall not be provided and shall not be authorized to use dealer's license plates designed for any motor vehicle required to be registered for operation on public streets and highways.
  3. When a dealer's master license plate or extra license plate is attached to any dealer-owned motor vehicle, the motor vehicle may be used by the dealer, a manager, a sales manager, or a salesperson employed by the dealership to drive to or from work and for personal or business trips inside or outside the dealer's county of residence.
  4. In addition to any other penalty prescribed by this chapter, any dealer, manager, sales manager, or salesperson of the dealer who pleads guilty or nolo contendere to or who is found guilty of the misuse of a dealer's master license plate or dealer's extra license plate or of allowing anyone else to misuse a dealer's master license plate or dealer's extra license plate shall be fined not more than two hundred fifty dollars ($250) for the first offense, not more than five hundred dollars ($500) for the second offense, and not more than one thousand dollars ($1,000) for the third and subsequent offenses.
Period Covered and Expiration of Registration.
1. On all motor vehicles, except trucks other than Class One trucks as defined in § 27-14-1002, truck-tractors, trailers, and semitrailers, and combinations thereof, the duration and expiration of registration shall be in accord with the provisions of § 27-14-1011, and all fees provided in this section for those motor vehicles shall be due and payable annually as provided therein.
2. 1. On all trucks except Class One trucks as defined in § 27-14-1002, truck-tractors, trailers, and semitrailers, and combinations thereof, except trailers drawn by automobiles and Class One trucks, the registration shall be valid for twelve (12) months from the month of issuance of registration, and all fees provided in this section for those vehicles shall be due and payable annually during the twelfth month of the registration period.
  2. No person shall have the authority to extend the time for payment of the fees past the period specified in this subdivision (b)(2).
  3. The provisions of this subdivision (b)(2) shall not apply to trailers drawn by automobiles or by Class One trucks.
  4. 1. The secretary shall, upon request, assign the same registration period to any owner of two (2) or more trucks, truck-tractors, trailers, and semitrailers, and combinations thereof, except Class One trucks as defined in § 27-14-1002.
    2. The secretary shall, upon request, assign a different month of registration other than the vehicle's current month of registration to any owner of a truck, truck-tractor, trailer, and semitrailer, and combinations thereof, except Class One trucks as defined in § 27-14-1002, and all fees shall be prorated accordingly on a monthly basis.
Nature of Fees. Each of the fees authorized in this section is declared to be a tax for the privilege of using and operating a vehicle on the public roads and highways of the State of Arkansas.
1. All taxes, fees, penalties, interest, and other amounts collected under the provisions of this section, except those set forth in subdivision (d)(3) of this section, shall be classified as special revenues and shall be deposited into the State Treasury. After deducting the amount to be credited to the Constitutional Officers Fund and the State Central Services Fund as provided under the Revenue Stabilization Law, § 19-5-101 et seq., the Treasurer of State shall transfer on the last business day of each month:
  1. Fifteen percent (15%) of the amount thereof to the County Aid Fund;
  2. Fifteen percent (15%) of the amount thereof to the Municipal Aid Fund; and
  3. Seventy percent (70%) of the amount thereof to the State Highway and Transportation Department Fund.
2. The funds shall be further disbursed in the same manner and used for the same purposes as set out in the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq.
3. 1. The following shall be excepted from the requirements of subdivision (d)(1) of this section:
    1. Beginning October 1, 2013, the first two million dollars ($2,000,000) of the fee charged under subdivision (a)(3)(G)(ii) of this section for the fiscal year ending June 30, 2014;
    2. Beginning July 1, 2014, the first two million dollars ($2,000,000) per fiscal year of the fee charged under subdivision (a)(3)(G)(ii) of this section; and
    3. That portion of the fee declared to be a permit fee and collected under subdivision (a)(3)(H)(ii)(f) of this section.
  2. 1. Beginning October 1, 2013, the first two million dollars ($2,000,000) of the fee charged under subdivision (a)(3)(G)(ii) of this section for the fiscal year ending June 30, 2014, shall be classified as special revenues and shall be deposited into the State Treasury.
    2. Beginning July 1, 2014, the first two million dollars ($2,000,000) per fiscal year of the fee charged under subdivision (a)(3)(G)(ii) of this section shall be classified as special revenues and shall be deposited into the State Treasury.
    3. The Treasurer of State shall transfer on the last business day of each month all money paid under this subdivision (d)(3)(B) to the Commercial Truck Safety and Education Fund to be used to improve the safety of the commercial trucking industry through cooperative public and private programs that focus on increased enforcement, regulatory compliance, industry training, and educational programs to ensure the safe movement of goods on state highways.
4. That portion of the annual license fee collected pursuant to subdivision (a)(3)(H)(ii)(f) of this section declared to be a permit fee shall be classified as special revenues and shall be deposited into the State Treasury. The Treasurer of State shall transfer on the last business day of each month all of the portions of the annual license fees to the State Highway and Transportation Department Fund to be utilized for the construction, reconstruction, and maintenance of highways and bridges in the state highway system.
Penalty.
1. Any person owning a vehicle on which a fee is required to be paid under the terms of this section who shall operate it or permit it to be operated on a public road in this state without having paid the fee required by this section shall be guilty of a misdemeanor and upon conviction shall be fined in a sum not less than double the fee provided for and not more than three thousand dollars ($3,000).
2. If the arresting officer is:
  1. An officer of the Division of Arkansas State Police, the fine collected shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Administration of Justice Funds Section for deposit into the Division of Arkansas State Police Fund, to be used for the purchase and maintenance of state police vehicles;
  2. An officer of the Arkansas Highway Police Division of the Arkansas Department of Transportation, the fine collected shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Administration of Justice Funds Section for deposit into the State Highway and Transportation Department Fund, to be used for the purchase and maintenance of highway police vehicles;
  3. A county law enforcement officer, the fine collected shall be deposited into the county fund used for the purchase and maintenance of rescue, emergency medical, and law enforcement vehicles, communications equipment, animals owned or used by law enforcement agencies, lifesaving medical apparatus, and law enforcement apparatus, to be used for those purposes; and
  4. A municipal law enforcement officer, the fine collected shall be deposited into that municipality's fund used for the purchase and maintenance of rescue, emergency medical, and law enforcement vehicles, communications equipment, animals owned or used by law enforcement agencies, lifesaving medical apparatus, and law enforcement apparatus, to be used for those purposes.

History. Acts 1929, No. 65, § 24; 1931, No. 237, § 1; 1933, No. 6, § 1; 1933, No. 36, §§ 1, 2; 1933, No. 44, § 1; 1933, No. 51, § 1; 1934 (2nd Ex. Sess.), No. 11, §§ 31-33; Pope's Dig., §§ 6615, 11270-11272; Acts 1941, No. 377, § 1; 1943, No. 205, § 1; 1949, No. 235, §§ 1, 8; 1951, No. 59, § 1; 1951, No. 78, § 1; 1953, No. 377, § 1; 1959, No. 462, § 2; 1963, No. 142, § 1; 1965, No. 493, § 8; 1965 (1st Ex. Sess.), No. 42, § 1; 1967, No. 21, § 1; 1967, No. 82, § 1; 1967, No. 452, § 1; 1971, No. 181, § 1; 1971, No. 348, § 1; 1971, No. 469, § 1; 1975, No. 194, § 1; 1975 (Extended Sess., 1976), No. 1235, §§ 1, 2; 1979, No. 440, §§ 1, 5; 1979, No. 671, §§ 23, 24; 1981, No. 63, §§ 1, 2; 1981, No. 692, §§ 1, 2; 1981, No. 797, § 1; 1983, No. 890, § 1; 1985, No. 415, § 2; 1985, No. 893, § 1; 1985, No. 1006, § 1; A.S.A. 1947, §§ 75-201, 75-201.7; Acts 1987, No. 145, § 1; 1987, No. 537, § 1; 1987, No. 945, § 5; 1989, No. 103, § 1; 1991, No. 96, §§ 1, 2; 1991, No. 219, §§ 1, 2, 6; 1992 (1st Ex. Sess.), No. 68, §§ 1, 2; 1992 (1st Ex. Sess.), No. 69, §§ 1, 2; 1993, No. 490, §§ 14, 15; 1993, No. 905, § 1; 1995, No. 357, § 5; 1995, No. 389, §§ 1, 2; 1997, No. 297, § 1; 1997, No. 809, § 1; 1997, No. 1047, § 1; 1999, No. 385, § 1; 1999, No. 1443, § 1; 2001, No. 330, § 1; 2001, No. 923, §§ 1, 2; 2001, No. 1431, § 1; 2003, No. 343, § 1; 2003, No. 361, § 1; 2003, No. 463, §§ 1, 2; 2003, No. 833, §§ 1, 2; 2005, No. 1929, § 1; 2005, No. 1934, § 17; 2005, No. 1950, § 1; 2007, No. 347, §§ 1, 2; 2007, No. 1412, § 5; 2009, No. 146, § 1; 2013, No. 1176, §§ 3, 4; 2017, No. 707, §§ 322, 323; 2019, No. 315, §§ 3087, 3088; 2019, No. 910, §§ 4507-4516.

A.C.R.C. Notes. Acts 1991, No. 219, § 9, in part, provided: “Provided, nothing in this act shall be construed to amend, abrogate, modify, or repeal any of the provisions of the ‘Petroleum Storage Tank Trust Fund Act’, Arkansas Code § 8-7-901 et seq., and the fees levied by that act on each gallon of motor fuel or distillate special fuels shall continue to be collected as provided by those Code sections in addition to all taxes and fees imposed by other sections of the Code on such fuel or fuels as well as those additional taxes and fees imposed by this act.”

Identical Acts 1992 (1st Ex. Sess.), Nos. 68 and 69, § 9 provided: “All laws and parts of laws in conflict with this Act are hereby repealed, however, it is declared to be the intent of the General Assembly in amending subsection (d) of Arkansas Code § 27-41-601 by this Act to not only dedicate a portion of the fees to the State Highway and Transportation Department Fund collected for the separate registration of certain vehicles utilized or intended to be utilized to transport compacted seed cotton, under certain restrictions set out in this Act, but also to clarify the intent of the General Assembly that all other taxes, fees, penalties, interest and other amounts collected under Arkansas Code § 27-14-601 be distributed in the same manner and utilized for the same purposes as set out in the Arkansas Highway Revenue Distribution Law, Arkansas Code § 27-70-201, et seq., including an initial distribution of such taxes, fees, penalties, interest and other amounts to the County Aid Fund, the Municipal Aid Fund, and the State Highway and Transportation Department Fund. It is further declared by the General Assembly that the amendment contained in this Act to subsection (d) of Arkansas Code § 27-14-601 is in no way intended to repeal, amend, or abrogate the provisions of Arkansas Code § 26-56-222.”

Acts 2013, No. 1176, § 1, provided: “Legislative findings and intent.

“The General Assembly finds that:

“(1) There are no programs jointly involving the trucking industry and the Arkansas State Highway and Transportation Department to ensure improved commercial truck safety on state highways. Furthermore, no studies exist on ways to improve the efficiencies of freight movement that could improve highway safety;

“(2) Dedicating funding for these purposes could enable the industry and state government to create such programs. Additionally, the industry and the department could benefit from research specific to freight movement, regulatory compliance, education, and training; and

“(3) The purpose of this act is to advance state interests in roadway safety by proposing to improve the safety of the commercial truck industry through cooperative public private programs that focus on increased enforcement, regulatory compliance, industry training, and educational programs to ensure the safe movement of goods on Arkansas highways.”

Publisher's Notes. Acts 1949, No. 235, § 8, provided, in part: “The following Acts, or indicated portions thereof, viz: Act 241 of 1927; Act 115 of 1939; Act 117 of 1945; Act 354 of 1941; Act 144 of 1943; Act 31 of 1945; Act 45 of 1947; Act 416 of 1947; Act 60 of 1945; Section 36 of Act 65 of 1929, shall be and remain in full force and effect and were cumulative of the provisions of the Act.”

Acts 1975, No. 194, § 2, provided that: “The provisions of this Act shall be supplemental to the laws of this State pertaining to the issuance and use of a motor vehicle license tag for trucks which haul farm products, and is intended to repeal only such laws or parts of laws as are specifically in conflict herewith.”

Acts 1991, No. 219, § 6, is also codified as § 26-56-222.

Amendments. The 2009 amendment, in (a)(3)(H), inserted “either farm or” in (a)(3)(H))(ii) and (a)(3)(H)(v) (a) , inserted “including mini-trucks” in (a)(3)(H)(ii) (a) , inserted “farm” preceding “license plates” and inserted “natural resources” preceding the second instance of “license plates” in (a)(3)(H)(iv), inserted (a)(3)(H)(v) (b) and redesignated the preceding subdivision accordingly, substituted “farm license” for “natural resources license” twice in (a)(3)(H)(vi) (a) and in (a)(3)(H)(vii), deleted “natural resources” preceding “plates” in (a)(3)(H)(vi) (b) , added (a)(3)(H)(xii), and made minor punctuation and stylistic changes.

The 2013 amendment added (a)(3)(G)(ii) (b) ; substituted “except those set forth in subdivision (d)(3) of this section” for “with the exception of that portion of the fee declared to be a permit fee and collected pursuant to subdivision (a)(3)(H)(ii) (f) of this section” in the introductory language of (d)(1); inserted (d)(3), and redesignated former (d)(3) as (d)(4).

The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(3)(H)(viii) and (e)(2)(B).

The 2019 amendment by No. 315, in (a)(3)(H)(viii), deleted “and regulations” following “rules” in the first sentence and deleted “or regulations” following “rules” in the second sentence; and deleted “and regulations” following “rules” in (a)(3)(J)(i).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(3)(H)(iv); substituted “secretary” for “director” throughout (a) and (b); and substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (a)(6)(B)(i) and (a)(6)(B)(ii) (a)

Cross References. Motorcycles and motorized cycles generally, § 27-20-101 et seq.

Case Notes

Constitutionality.

This section is not violative of the interstate commerce clause nor void because it discriminates against interstate carriers by reason of its failure to distinguish between trucks continually in use and those used only occasionally. Aero-Mayflower Transit Co. v. Watson, 5 F. Supp. 1009 (E.D. Ark. 1934).

Prior to enactment of subdivision (a)(2) of this section, classification of former provisions in this section prescribing a fee based on horsepower for vehicles used for transportation of persons for hire was not unconstitutional although the classification was unfair and unequal as to taxicab operators. U-Drive-Em Corp. v. Wiseman, 189 Ark. 1163, 76 S.W.2d 960 (1934).

Former provisions were held not unconstitutional in that they provided for a higher license fee for five-passenger taxicabs than for pleasure vehicles, as this section specifically provided that this tax was for the privilege of using public roads and highways, and legislative classification for the purpose of taxation of a privilege was proper as long as there was no discrimination between persons in like situations and pursuing the same class of occupation. Potts v. McCastlain, 240 Ark. 654, 401 S.W.2d 220, cert. denied, 385 U.S. 946, 87 S. Ct. 319, 17 L. Ed. 2d 225 (1966) (decision prior to 1967 amendment by Acts 1967, No. 21).

Automobiles for Hire.

One who hired or rented to individuals applying therefor automobiles to be operated by the hirer at his own risk and discretion was neither a private nor a public carrier of passengers or engaged in the business of using motor vehicles for the transportation of passengers for hire within former similar statute. State v. Dabney, 176 Ark. 1071, 5 S.W.2d 304 (1928) (decision under prior law).

Collection of Fees.

The State Highway and Transportation Department lacked standing to appeal from a chancellor's ruling that a corporation owed the Department of Revenue (now Department of Finance and Administration) past due registration fees, since the highway department was not the agency charged with the duty of collecting the fees. Gray v. Ragland, 277 Ark. 232, 640 S.W.2d 788 (1982).

Counties.

Prior to enactment of § 27-15-1302, counties were required to pay the fee upon motor vehicles owned by them. Blackwood v. Sibeck, 180 Ark. 815, 23 S.W.2d 259 (1930).

Local Privilege Taxes.

Where people of a county passed an initiated act under provisions of Ark. Const. Amend. 7 which imposed a privilege tax on motor vehicles as well as wagons and buggies, the provisions relative to tax on motor-drawn vehicles were void, as state had already covered this tax field, and the provisions relative to wagons and buggies were also void, since people did not intend to tax wagons and buggies if motor-drawn vehicles could not be taxed. Allen v. Langston, 216 Ark. 77, 224 S.W.2d 377 (1949).

Mail Carriers.

This section has no applicability to a rural mail carrier, such carrier being an officer of the federal government. Blackwood v. Welch, 179 Ark. 979, 18 S.W.2d 1023 (1929).

Nature of Fees.

License fee is a tax on the privilege of driving on highways and not on the property or possession thereof. Wiseman v. Madison Cadillac Co., 191 Ark. 1021, 88 S.W.2d 1007 (1935).

Sales Tax.

The amount of the automobile license fee is not deductible from the sales tax on automobile sales. Wiseman v. Madison Cadillac Co., 191 Ark. 1021, 88 S.W.2d 1007 (1935).

Trucks and Trailers.

One operating a truck with a load thereon greater than the tonnage on which its license fee is based is subject to penalty. Commercial Whse. v. State, 187 Ark. 851, 62 S.W.2d 20 (1933); State v. Formby, 195 Ark. 746, 114 S.W.2d 5 (1938).

This section requires the payment of license fees in proportion to the load capacity of a truck and is not affected by §§ 27-35-107 and 27-35-108, and therefore one cannot purchase a license to operate a 1½ ton truck and haul a load in excess thereof by equipping the truck with dual tires on the rear wheels. State v. Formby, 195 Ark. 746, 114 S.W.2d 5 (1938).

Cited: Jones v. City of Newport, 29 Ark. App. 42, 780 S.W.2d 338 (1989); Miller v. Leathers, 312 Ark. 522, 851 S.W.2d 421 (1993).

27-14-602. Registration fees.

Except as otherwise provided, all fees shall be paid to the Office of Motor Vehicle for the registration of motor vehicles, trailers, and semitrailers under this chapter.
The following fees shall be charged under this chapter by the Office of Motor Vehicle:
1. For each certificate of title $2.00
2. For each duplicate certificate of title 2.00
3. For noting each lien .50
4. For transfer of registration 1.00
5. For duplicate or substitute registration certificate 1.00
6. For duplicate or substitute license plate 1.00
Beginning January 1, 2018, in addition to any other fees authorized under this chapter, the Secretary of the Department of Finance and Administration shall charge a fee for commercial motor vehicles registered with the International Registration Plan in the amount of:
1. Two dollars ($2.00) to access the secretary's portal to register one (1) or more commercial motor vehicles or to conduct one (1) or more online administrative transactions;
2. Two dollars ($2.00) upon issuance or renewal of the registration of a commercial motor vehicle of a commercial motor carrier that has been authorized under § 27-14-613(b)(1)(C) to display an approved license plate decal bearing the commercial motor vehicle carrier's logo; and
3. Five dollars ($5.00) for each commercial motor vehicle registered in this state as an annual commercial motor vehicle fee.

History. Acts 1949, No. 142, §§ 82, 83; 1965, No. 493, § 2; A.S.A. 1947, §§ 75-182, 75-183; Acts 2011, No. 718, § 1; 2017, No. 448, § 6; 2017, No. 532, § 5; 2019, No. 910, §§ 4517, 4518.

A.C.R.C. Notes. Acts 2017, No. 532, § 1, provided: “Legislative findings.

The General Assembly finds that:

Amendments. The 2011 amendment added “Except as otherwise provided, all” at the beginning of (a); and substituted “$2.00” for “$1.00” in (b)(1) and (2).

The 2017 amendment by No. 448 substituted “Office of Motor Vehicle” for “Commissioner of Motor Vehicles” in the introductory language of (b).

The 2017 amendment by No. 532 added (c).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language of (c); and substituted “secretary’s” for “director’s” in (c)(1).

27-14-603. Fee for special numbered license plates.

There is levied a service fee of five dollars ($5.00) to be added to the regular fee imposed for motor vehicle license plates collected by the Office of Motor Vehicle in all instances in which a special number is reserved for any motor vehicle license plate applicant.
These fees shall be treated as regular license fees and deposited accordingly as provided by law.

History. Acts 1953, No. 113, § 1; A.S.A. 1947, § 75-201.1; Acts 2017, No. 448, § 6.

Amendments. The 2017 amendment, in (a), substituted “Office of Motor Vehicle” for “Commissioner of Motor Vehicles” and “in which” for ”where”.

27-14-604. Refunds.

Whenever any application to the Office of Motor Vehicle is accompanied by any fee as required by law and the application is refused or rejected, the fee shall be returned to the applicant.
Whenever the office through error collects any fee not required to be paid under this chapter, it shall be refunded to the person paying it upon application therefor made within six (6) months after the date of the payment.

History. Acts 1949, No. 142, § 84; A.S.A. 1947, § 75-184.

Case Notes

Cited: Miller v. Leathers, 312 Ark. 522, 851 S.W.2d 421 (1993).

27-14-605. Credit if vehicle destroyed.

Upon satisfactory proof to the Secretary of the Department of Finance and Administration that any motor vehicle, duly licensed, has been completely destroyed by fire or collision, the owner of the vehicle may be allowed, on the purchase of a new license for another vehicle, a credit equivalent to the unexpired portion of the cost of the original license, dating from the first day of the next month after the date of the destruction.

History. Acts 1939, No. 386, § 23; A.S.A. 1947, § 75-260; Acts 2019, No. 910, § 4519.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-606. Disposition.

1. Fifty percent (50%) of the fees collected under § 27-14-602(b)(1) and (2) and one hundred percent (100%) of the fees collected under § 27-14-602(b)(3)-(6) shall be:
  1. Deposited into the 1995 New Revenue Division Building Fund as cash funds; and
  2. Used for the repayment of bonds that may be issued by or for the benefit of the Arkansas Revenue Department Building Commission under the 1995 New Revenue Division Building Act.
2. Fifty percent (50%) of the fees collected under § 27-14-602(b)(1) and (2) shall be:
  1. Deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund; and
  2. Used for the State Police Retirement System for the Division of Arkansas State Police.
3. At least nine hundred twenty thousand dollars ($920,000) of the fees collected under subdivision (a)(1) of this section shall first be distributed to the 1995 New Revenue Division Building Fund and the commission under the 1995 New Revenue Division Building Act before distribution of the fees as provided under subdivision (a)(2) of this section.
4. The fees collected under § 27-14-602(c) shall be deposited into the Commercial Driver License Fund to be used for enhancements to the Arkansas Motor Carrier System.
All fees collected by the circuit clerk and recorder as required by this chapter shall not be affected by the provisions of this section.

History. Acts 1949, No. 142, § 85; 1965, No. 493, § 3; A.S.A. 1947, § 75-185; Acts 1995, No. 725, § 7; 2011, No. 718, § 3; 2017, No. 532, § 6.

A.C.R.C. Notes. Acts 2017, No. 532, § 1, provided: “Legislative findings.

The General Assembly finds that:

Amendments. The 2011 amendment subdivided part of (a); rewrote (a)(1); and added (a)(2) and (3).

The 2017 amendment added (a)(4).

Cross References. The 1995 New Revenue Division Building Act, Title 19 Appendix.

27-14-607. Alternate registration procedures.

The Secretary of the Department of Finance and Administration is authorized to allow vehicles to be registered for a renewal period of two (2) years, if the secretary determines that the two-year renewal period would facilitate the vehicle registration process. If a vehicle registration is renewed for a two-year period, the renewal fee shall be two (2) times the annual renewal fee for that vehicle, plus the cost of the annual license plate validation decal for both years for that vehicle.
The secretary is authorized to provide for the registration of vehicles by mail, telephone, electronically, or any other method which the secretary determines would facilitate the vehicle registration process.

History. Acts 1997, No. 974, § 15; 2019, No. 910, § 4520.

Publisher's Notes. Former § 27-14-607, concerning an additional motor vehicle registration fee for the annual renewal of registered and licensed motor vehicles, was repealed by Acts 1995, No. 330, § 1. The section was derived from Acts 1993, No. 1261, § 2.

27-14-608. Payment by credit card.

The Secretary of the Department of Finance and Administration is authorized to promulgate rules providing for payment by credit card of any fees or taxes due upon the issuance or renewal of a vehicle registration, except a vehicle registration issued or renewed under the provisions of § 27-14-601(a)(3)(B)-(H) or the provisions of § 27-14-601(a)(3)(I)(i)(a)(2)-(4) . The secretary may allow the payment of these fees or taxes by credit card if the secretary determines that payment by credit card would facilitate the administration of the motor vehicle registration program.
The secretary is authorized to enter into contracts with credit card companies and to pay fees normally charged by those companies for allowing the use of their credit cards as authorized by this section.
1. From the net proceeds received, or receivable, from credit card companies for all fees or taxes paid by credit card, the secretary shall pay the full sum specified in § 27-14-1015(d)(1) to the Arkansas Development Finance Authority. The balance of the net proceeds received, or receivable, from credit card companies shall be prorated to the various funds for which they were collected and deposited into the State Treasury for transfer on the last business day of each month, in the same manner and to be used for the same purposes as all other fees and taxes collected upon the issuance or renewal of vehicle registrations.
2. Any amounts deducted from the gross proceeds of vehicle registration fees or taxes paid by credit card, which are deducted for the purpose of paying credit card company fees, shall be cash funds not subject to appropriation and, if withheld by the secretary, shall be remitted by the secretary to credit card companies as required under contracts authorized by this section.

History. Acts 1997, No. 974, § 16; 2019, No. 315, § 3089; 2019, No. 910, § 4521.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in the first sentence of (a).

27-14-609. Provision of information.

1. The Office of Motor Vehicle shall maintain on its website information to inform the citizens of the State of Arkansas of changes in the driving laws of the state.
2. The office shall make the website address related to the information required under subdivision (a)(1) of this section available at all state revenue offices.
1. The office shall by July 1 of each year prepare a list and explanation of the most-violated driving or traffic laws during the previous year.
2. The office shall make the information required under subdivision (b)(1) of this section available at all state revenue offices and on its website.
The office is authorized to promulgate rules to administer the provisions of this subchapter.

History. Acts 2005, No. 2118, § 1.

27-14-610. Permanent registration of fleet of motor vehicles.

As used in this section:
1. “Affiliate” means any entity that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another entity;
2. 1. “Fleet of motor vehicles” means at least fifty (50) motor vehicles that are:
    1. Owned or leased by a person or entity described in § 26-26-1601(12)-(16) or affiliates of that person or entity; and
    2. Used for business purposes.
  2. “Fleet of motor vehicles” includes commercial motor vehicles that are base-plated in the State of Arkansas or passenger motor vehicles otherwise subject to registration under this chapter.
  3. “Fleet of motor vehicles” does not include motor vehicles registered and governed under § 27-14-502 or motor vehicles registered under an international registration plan administered by a state other than Arkansas; and
3. “Owns or controls” means owning or holding at least a majority of the outstanding voting power of an entity.
Notwithstanding any other provision of this chapter, the registered owner or lessee of a fleet of motor vehicles may apply as provided in this section to the Office of Motor Vehicle for a license plate with a decal identifying the vehicle as a fleet vehicle.
The license plate issued under this section shall be the standard license plate for the class and type of vehicle otherwise required under this chapter with a decal bearing the word “fleet” at the bottom of the license plate.
1. Payment of all registration fees and fleet management fees under this section shall be paid in advance for a period of three (3) years.
2. 1. The fees for renewal of a vehicle registration under this section shall be due and payable during the last month of the last year of the registration period.
  2. Upon request, the office shall allow the owner of a fleet of motor vehicles to set all renewals for the fleet to occur in a month requested by the owner.
3. The office may shorten or lengthen the term of any renewal period under this section by rule and upon notice to all owners of a fleet registered under this section as necessary to provide a staggered system of renewal in which approximately one-third (1/3) of the vehicles in a fleet shall be renewed in any given year.
1. The fees for registration and renewal of registration of a vehicle under this section shall be the same amount as and shall be distributed in the same manner as the fees otherwise required under this chapter for the type and class of vehicle being registered.
2. 1. In addition to the registration fees prescribed for issuance or renewal under this chapter, an annual fleet management fee of ten dollars ($10.00) per motor vehicle in the fleet of motor vehicles shall be charged.
  2. The annual fleet management fee shall be deposited as special revenues into the State Central Services Fund to be used exclusively for the benefit of the Revenue Division of the Department of Finance and Administration.
1. Upon payment of the registration fees and fleet management fees as provided under subsection (e) of this section, the owner or lessee of the fleet of motor vehicles shall be issued a license plate with a decal for each motor vehicle in the fleet of motor vehicles registered under this section.
2. Each license plate with a decal issued under this section shall bear a validation sticker as required for standard license plates issued under this chapter reflecting the period that the owner or lessee of the fleet of motor vehicles has paid in advance.
A license plate with a decal issued under this section may be transferred to another vehicle of the same type and class in the same fleet of motor vehicles in the same manner and subject to the same fees prescribed in §§ 27-14-902 and 27-14-914.
A license plate with a decal issued under this section that has been lost or destroyed may be replaced in the same manner and subject to the same fees prescribed in § 27-14-602.
The office may adopt rules for the implementation, administration, and enforcement of this section.

History. Acts 2009, No. 1194, § 1.

Cross References. Registrations fees, § 27-14-602.

Transfer or assignment by owner or lessee generally, § 27-14-902.

Transfer of license plates and registration from one vehicle to another, § 27-14-914.

27-14-611. Registration for nonprofit motor vehicle fleets — Definitions.

As used in this section:
1. “Fleet of motor vehicles” means at least twenty-five (25) motor vehicles that are owned or leased by an organization and used for the organization's purposes; and
2. “Organization” means a nonprofit organization or its affiliate that:
  1. 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, 2011; and
  2. Is eligible to participate in the federal transit grant programs administered through the Arkansas Department of Transportation.
1. An organization may apply to the Office of Motor Vehicle for the registration and licensing of its fleet of motor vehicles as provided under this section.
2. The license plate issued under this section shall be the standard license plate for the class and type of vehicle otherwise required under this chapter and may be transferred to another motor vehicle of the same class and type owned by the same organization.
1. The registration and renewal fees shall be the same amount and shall be distributed in the same manner as the fees otherwise required for the class and type of vehicle being registered.
2. Registration and renewal fee payments shall be paid in advance for either a period of two (2) or three (3) years.
3. The registration and renewal fee payments are due and payable during the last month of the last year of the registration period.
4. The organization may choose the month in which renewals occur.
1. Except as provided in subdivision (d)(2) of this section, in addition to the registration fees prescribed for issuance, an initial fleet management fee of ten dollars ($10.00) per motor vehicle shall be charged for the first year of registration as a fleet vehicle.
2. The initial fleet management fee for a fleet of motor vehicles shall not exceed five hundred dollars ($500).
3. The initial fleet management fee shall be deposited as special revenues into the State Central Services Fund as direct revenue to the Revenue Division of the Department of Finance and Administration.
For each motor vehicle registration or renewal, the organization shall provide the documents that the office requires.
1. The office may adopt rules for the implementation, administration, and enforcement of this section.
2. If the Secretary of the Department of Finance and Administration determines that online renewals are available under this section, the organization may be allowed to renew online.

History. Acts 2011, No. 192, § 1; 2017, No. 707, § 324; 2019, No. 910, § 4522.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(2)(B).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (f)(2).

27-14-612. Multiyear personal-use vehicle registration — Definition.

As used in this section, “personal-use vehicle” means:
1. A pleasure vehicle, including a motor home, registered under § 27-14-601(a)(1);
2. A Class One truck or van registered under § 27-14-601(a)(3)(A);
3. A motorcycle registered under § 27-14-601(a)(4); or
4. An autocycle registered under § 27-20-304.
The Office of Motor Vehicle shall offer a multiyear personal-use vehicle registration as provided under this section.
The owner of a personal-use vehicle, who has owned the personal-use vehicle for a twelve-month renewal period following initial registration by the owner, may request a multiyear personal-use vehicle registration for a period of two (2) or three (3) years by providing the following information to the office with the application:
1. All information necessary for the registration and licensing of the personal-use vehicle under law to include:
  1. Proof of current insurance coverage on the personal-use vehicle to be registered as required under § 27-13-102;
  2. Proof of payment of personal property taxes; and
  3. Proof of listing the personal-use vehicle for assessment;
2. Proof that property taxes on the personal-use vehicle to be registered have been timely paid by the applicant; and
3. Payment of the fees for registration and licensing for:
  1. Two (2) years, if the registration is for a period of two (2) years; and
  2. Three (3) years, if the registration is for a period of three (3) years.
The office may promulgate rules for the administration of this section.

History. Acts 2011, No. 904, § 2; 2013, No. 437, § 1; 2017, No. 331, § 1.

A.C.R.C. Notes. Acts 2011, No. 904, § 1, provided: “Legislative findings. The General Assembly finds that:

“(1) The demands that people are placed under with work, family, and other activities are increasing, and time is becoming more and more precious;

“(2) Many constituents have stated that having multiyear personal vehicle registration would save them time and worries all year long because they have multiple vehicles;

“(3) Other states, including bordering states, allow the multiyear registering of motor vehicles for personal use;

“(5) The government should listen to and work for the people and by doing so conserve both the citizens' and the government's resources; and

“(6) This law represents good government because it gives working families what they need to streamline their lives and at the same time reduces the staffing need for motor vehicle registrations in the state by reducing the number of annual personal-use vehicle registrations.”

Amendments. The 2013 amendment rewrote (c); deleted former (d); and redesignated former (e) as present (d).

The 2017 amendment redesignated former (a) as the introductory language of (a), (a)(1), and (a)(2); inserted “including a motor home” in (a)(1); inserted “registered” in (a)(2); and added (a)(3) and (a)(4).

Effective Dates. Acts 2017, No. 331, § 2: Nov. 13, 2017.

27-14-613. Arkansas Motor Carrier System — Definitions.

As used in this section:
1. “Commercial motor carrier” means a person or entity engaged directly or indirectly through an agent, employee, or subcontractor in the interstate transportation of property by a commercial motor vehicle; and
2. “Commercial motor vehicle” means a truck, truck trailer, trailer, semitrailer, or pole trailer registered with the International Registration Plan.
1. The Secretary of the Department of Finance and Administration shall promulgate rules and procedures to enhance the Arkansas Motor Carrier System developed by the Department of Finance and Administration by allowing:
  1. A commercial motor carrier or its designee to conduct routine administrative transactions electronically, including without limitation the online:
    1. Registration of a commercial motor vehicle;
    2. Renewal, transfer, replacement, and amendment of the registration of a commercial motor vehicle; and
    3. Issuance and replacement of a commercial motor vehicle's license plates and decals;
  2. A commercial motor carrier or its designee to instantaneously print the registration card for a commercial motor vehicle;
  3. A commercial motor carrier or its designee to obtain and affix to a commercial motor vehicle license plate a decal bearing the logo of the commercial motor carrier approved by the secretary or the secretary's designee; and
  4. A commercial motor carrier or its designee to maintain license plate inventories and issue license plates; and
2. 1. A commercial motor carrier shall have thirty (30) days from the date of online commercial motor vehicle registration to submit to the department all required source documents associated with the registration.
  2. If the department has not received the source documents required under subdivision (b)(2)(A) of this section within thirty (30) days of the online registration of a commercial motor vehicle, the secretary or the secretary's designee may suspend the registration.
The secretary shall study, develop, and implement improvements to the Arkansas Motor Carrier System in order to modernize and enhance the Arkansas Motor Carrier System and accommodate the latest available technology for commercial motor carriers seeking to register commercial motor vehicles in the State of Arkansas.

History. Acts 2017, No. 532, § 7; 2019, No. 315, § 3090; 2019, No. 910, §§ 4523-4526.

A.C.R.C. Notes. Acts 2017, No. 532, § 1, provided: “Legislative findings.

The General Assembly finds that:

Amendments. The 2019 amendment by No. 315 deleted “regulations” following “rules” in the introductory language of (b)(1).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language of (b)(1); and substituted “secretary” for “director” throughout (b) and (c).

27-14-614. Additional fee for electric vehicles and hybrid vehicles — Definitions.

As used in this section:
1. “Electric vehicle” means a vehicle that:
  1. Is propelled by an electric motor powered by a battery or other electrical device incorporated into the vehicle; and
  2. Is not propelled by an internal combustion engine; and
2. “Hybrid vehicle” means a vehicle that draws propulsion energy from both an internal combustion engine and an energy storage device.
In addition to the other fees required to be paid to register a vehicle under this subchapter, there is levied an annual fee of:
1. Two hundred dollars ($200) for each electric vehicle registered; and
2. One hundred dollars ($100) for each hybrid vehicle registered.
The revenues collected under this section are special revenues and shall be distributed to the State Highway and Transportation Department Fund.

History. Acts 2019, No. 416, § 7.

A.C.R.C. Notes. Acts 2019, No. 416, § 1, provided: “Legislative findings and intent.

“(a) The General Assembly finds that additional revenue will be available to the state resulting from anticipated savings generated by the transformation of state government, the creation of cabinet positions, and other reductions in state government, and from the growth of casino gambling resulting from the adoption of The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100.

“(b) The General Assembly intends to use a portion of the anticipated savings described in subsection (a) of this section to make additional revenues available for use in maintaining and repairing public highways, streets, and bridges in the state”.

Effective Dates. Acts 2019, No. 416, § 8: Oct. 1, 2019. Effective date clause provided: “Sections 4-7 of this act are effective on the first day of the calendar quarter following the effective date of this act”.

Subchapter 7 — Registration and Certificates of Title

Cross References. Registration of motorcycles and motor-driven cycles, § 27-20-105.

Registration of three-wheeled, four-wheeled, or six-wheeled all-terrain vehicles, § 27-20-202.

Effective Dates. Acts 1911, No. 134, § 20: Effective on passage. Approved Mar. 24, 1911.

Acts 1943, No. 143, § 2: Mar. 4, 1943. Emergency clause provided: “Whereas, it is hereby ascertained that residents of other states are being discriminated against with reference to the operation of motor vehicles coming into this State upon occasional and irregular trips and thereby transportation barriers have been created between this State and other states; and

“Whereas, It is the intent of the General Assembly to remove such barriers and to cooperate with the Federal Government in all matters regarding transportation over the highways of this State;

“Therefore, an emergency is hereby declared to exist and this Act to take effect and be in force from and after its passage and approval.”

Acts 1945, No. 117, § 4: Approved Feb. 27, 1945. Emergency clause provided: “It being considered necessary by the Legislature to more actively and efficiently to prevent violation of the Motor Vehicle License Law and to more effectively identify vehicles involved in accidents on the highways, an emergency is hereby declared, it being deemed necessary for the public peace, health and safety, and this Act shall be in full force and effect immediately upon and after its passage.”

Acts 1953, No. 144, § 4: Approved Feb. 25, 1953. Emergency clause provided: “It is hereby determined that matters vitally affecting the welfare of the State of Arkansas must be dealt with by the Fifty-Ninth General Assembly, and this Act being necessary for the preservation of the peace, health and safety of the people, an emergency is hereby declared to exist, and this Act shall take effect and be in full force from and after its passage.”

Acts 1955, No. 110, § 4: Effective on passage. Approved Feb. 25, 1955.

Acts 1965 (1st Ex. Sess.), No. 38, § 4: June 9, 1965. Emergency clause provided: “It is hereby found and determined by the General Assembly that legislation is being contemplated for increasing motor vehicle license fees, and that in order to expedite the collection of motor vehicle license fees and to prevent abuses in collection and to equalize the motor vehicle tax burden the immediate passage of this Act is necessary. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1979, No. 439, §§ 2, 5: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance an adequate highway and street maintenance and construction Program; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets is not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July first of 1979.”

Acts 1981, No. 40, §§ 2, 5: July 1, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing title application and transfer fees may jeopardize the free flow of commerce constituting the trade and sale of motor vehicles; that the motor vehicular traffic on the public highways and streets of this State makes it necessary that funds be provided in order to finance an adequate highway and street maintenance construction program; and that only by the immediate passage of this Act may such such funds be fairly provided. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July 1, 1981.”

Acts 1983, No. 178, § 2: Feb. 15, 1983. Emergency clause provided: “It is hereby found and determined by the Seventy-Fourth General Assembly of the State of Arkansas, meeting in Regular Session, that a delay in the effective date of this Act beyond June 1, 1983 would nullify the purposes for which this enactment is provided, and would work irreparable harm upon the proper administration of essential governmental programs. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval.”

Acts 1983, No. 753, § 3: Mar. 24, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the requirement that a person acquiring a motor vehicle after January 1 of any calendar year must list such vehicle for assessment of ad valorem taxes is inequitable and that this Act is immediately necessary to eliminate such requirement. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 445, § 46: Mar. 10, 1993. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly of the State of Arkansas that the terms ‘operator's license’ and ‘chauffeur's license’ are obsolete and should be replaced with the term ‘driver's license’; that the chauffeur's license is no longer issued and has been replaced with the commercial driver's license; that federal law governing commercial driver's license authorizes the use of an assigned number on a commercial driver's license instead of the applicant's social security number; and that this act is necessary to eliminate obsolete references in the Arkansas Code and to be in compliance with federal law governing commercial driver's license. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 974, § 21: Jan. 1, 1998.

Acts 1999, No. 385, § 6: June 1, 2000.

Acts 2003, No 1329, § 2: Apr. 14, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that automobile thieves throughout the United States are registering stolen vehicles in Arkansas and obtaining certificates of title to these vehicles; that requiring verification of a vehicle identification number for foreign vehicles by an authorized law enforcement agency in Arkansas will reduce the sale of stolen vehicles and the rate of insurance fraud; and that this act accomplishes those goals without interfering with the registration process for bona fide new residents of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 165, § 3: Feb. 15, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current vehicle identification number verification law is overbroad; that the law enforcement agencies and state police in border counties and municipalities in the state are being inundated with requests to inspect foreign vehicles; that the current law needs to be repealed and replaced with a limited vehicle identification number verification law that does not unduly burden legitimate businesses and consumers; and that this act is immediately necessary to streamline the vehicle identification number verification process and reduce the administrative workload of the Department of Arkansas State Police and local law enforcement agencies. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become immediately effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Research References

Ark. L. Rev.

Assessment and Licensing of Motor Vehicles, 7 Ark. L. Rev. 349.

Nickles, A Localized Treatise On Secured Transactions — Part II: Creating Security Interests, 34 Ark. L. Rev. 559.

27-14-701. Requirements — Exception.

It shall be a misdemeanor for any person to drive or move, or for an owner knowingly to permit to be driven or moved, upon any highway, any vehicle of a type required to be registered under this chapter which is not registered within the time period prescribed by law, or for which a certificate of title has not been issued or applied for within the time period prescribed by law, or for which the appropriate fee has not been paid when and as required under this chapter.
When an application accompanied by the proper fee has been made for registration and certificate of title for a vehicle, the vehicle may be operated temporarily pending complete registration upon displaying a duplicate application, duly verified, or other evidence of the application or otherwise under rules promulgated by the Secretary of the Department of Finance and Administration.
The purchaser of any new or used motor vehicle may operate the vehicle upon the public highways prior to making application for or obtaining registration thereof, if the person carries in the vehicle at all times a title to the vehicle which is assigned to the purchaser or a notarized bill of sale evidencing the transfer of the vehicle to the purchaser.

History. Acts 1949, No. 142, § 31; 1983, No. 252, § 1; A.S.A. 1947, § 75-131; Acts 2017, No. 448, § 7; 2019, No. 315, § 3091; 2019, No. 910, § 4527.

Amendments. The 2017 amendment, in (b), substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles”, and made stylistic changes.

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b).

Case Notes

Construction Equipment.

Motor vehicle registration law does not apply to construction equipment such as a road scraper. Allis-Chalmers Mfg. Co. v. Glover, 234 Ark. 948, 355 S.W.2d 606 (1962).

Foreign Creditors.

The fact that the debtor may have avoided higher fees or taxes imposed by the State of Arkansas by registering and titling his vehicles in Oklahoma is of no consequence to the perfection question, and the appropriate outcome for debtor's failure to comply with Arkansas state law is not to punish the creditor, but if the state chooses to enforce the relevant provisions of Arkansas law, the appropriate and existing remedies are prosecution of the debtor. Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999), aff'd, No. 00-1011, 2000 U.S. Dist. LEXIS 14751 (W.D. Ark. Aug. 28, 2000), aff'd, 257 F.3d 843 (8th Cir. 2001).

Cited: House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957); Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. 2008).

27-14-702. No other license required.

No owner of a motor vehicle who shall have obtained a certificate from the Secretary of the Department of Finance and Administration as provided in this subchapter shall be required to obtain any other license or permits to use and operate the motor vehicle; nor shall the owner be required to display upon his or her motor vehicle any other number than the number of the registration issued by the secretary, or excluded, or prohibited, or limited in the free use of the motor vehicle upon any public street, avenue, road, turnpike, driveway, parkway, or any other public place, at any time when it is open to the use of persons having or using other vehicles; nor shall the owner be required to comply with other provisions or conditions as to the use of motor vehicles, except as provided in this chapter.
Motor vehicles may be excluded from any cemetery or grounds used for the burial of the dead by the authorities having jurisdiction over the cemetery or grounds.
Nothing contained in this section shall be construed to affect the power of municipal corporations to make and enforce ordinances, rules, and regulations affecting motor vehicles which are used within their limits for public hire.

History. Acts 1911, No. 134, § 13; C. & M. Dig., § 7429; Pope's Dig., § 6641; A.S.A. 1947, § 75-237; Acts 2019, No. 910, § 4528.

Amendments. The 2019 amendment, in (a), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “secretary” for “director”.

Cross References. Municipality may assess a tax, § 14-57-702.

Case Notes

Bonding of Operators.

Cities may regulate jitneys by requiring drivers thereof to give a bond to indemnify persons injured by the operation of such vehicles. Willis v. City of Ft. Smith, 121 Ark. 606, 182 S.W. 275 (1916).

Municipal Licenses.

A city cannot license automobiles doing business between the city and a point outside the city. McDonald v. City of Paragould, 120 Ark. 226, 179 S.W. 335 (1915); City of Argenta v. Keath, 130 Ark. 334, 197 S.W. 686 (1917).

27-14-703. Vehicles subject to registration — Exceptions.

Every motor vehicle, trailer, semitrailer, and pole trailer when driven or moved upon a highway and every mobile home shall be subject to the provisions of this chapter except:

Any vehicle driven or moved upon a highway in conformance with the provisions of this chapter relating to manufacturers, transporters, dealers, lienholders, or nonresidents or under a temporary registration permit issued by the Office of Motor Vehicle as authorized in § 27-14-708;
Any vehicle which is driven or moved upon a highway only for the purpose of crossing the highway from one (1) property to another;
1. Any implement of husbandry that is only incidentally operated or moved upon a highway whether or not it is subject to registration under this chapter.
2. Incidental use may be established by an affidavit of the owner of the implement of husbandry submitted to the Department of Finance and Administration along with payment of the gross receipts or use tax imposed on the implement of husbandry when the owner applies for and receives a certificate of title to the implement of husbandry.
3. The transportation of logs or timber upon a highway from the point of severance to a point in this state at which the logs or timber first undergo any processing, preparation for processing, conversion, or transformation from their natural or severed state shall not be incidental operation of the implement of husbandry upon a highway.
4. An affidavit to establish incidental use is not required if the implement of husbandry was originally manufactured as an implement of husbandry;
Any special mobile equipment as defined in § 27-14-104;
Any vehicle which is propelled exclusively by electric power obtained from overhead trolley wires, though not operated upon rails;
Manufactured homes or mobile homes for which the certificate of title has been cancelled under § 27-14-1603; and
No certificates of title need be obtained for any vehicle of a type subject to registration owned by the federal government.

History. Acts 1949, No. 142, § 32; 1973, No. 596, § 2; A.S.A. 1947, § 75-132; Acts 2005, No. 1991, § 2; 2019, No. 394, § 1.

Amendments. The 2019 amendment substituted “27-14-104” for “27-14-211” in (4).

Research References

Ark. L. Notes.

Laurence, Some Practical Advice on How to Perfect a Security Interest in an All-Terrain Vehicle, 1996 Ark. L. Notes 59.

Case Notes

In General.

A motor vehicle is not required to be registered unless it is actually driven or moved upon a highway. United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955), aff'd, 246 F.2d 351 (8th Cir. 1957), rev'd, United States v. Latrobe Constr. Co., 246 F.2d 357 (8th Cir.).

Although an Arkansas resident has a duty under Arkansas law to seek the issuance of certificates of title in the appropriate forum, the creditor has no obligation to make a filing in another state to perfect or reperfect its security interest, and the creditor's interest continues to be perfected despite a resident's failure to comply with Arkansas registration laws. Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999), aff'd, No. 00-1011, 2000 U.S. Dist. LEXIS 14751 (W.D. Ark. Aug. 28, 2000), aff'd, 257 F.3d 843 (8th Cir. 2001).

Circuit court erred in granting summary judgment to insurance company where policy exclusion for injuries arising out of the use of a trailer was ambiguous; where the semi-trailer was used as a residence and not subject to motor vehicle registration, it was not clear whether the exclusion applied. Smith v. Farm Bureau Mut. Ins. Co. of Ark., 88 Ark. App. 22, 194 S.W.3d 212 (2004).

Purpose.

The ultimate purposes for the Arkansas vehicle registration laws are identification of vehicles and revenue collection. The obligation is upon the Arkansas owner and resident and the penalties for violating these provisions are criminal in nature. Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999), aff'd, No. 00-1011, 2000 U.S. Dist. LEXIS 14751 (W.D. Ark. Aug. 28, 2000), aff'd, 257 F.3d 843 (8th Cir. 2001).

Mowers.

Mowers and other vehicles not designed for transportation are special mobile equipment and exempt from registration. Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296 (1989).

Security Interest.

The fact that the debtor may have avoided higher fees or taxes imposed by the State of Arkansas by registering and titling his vehicles in Oklahoma was of no consequence to the perfection question. Any outcome that would punish the creditor or provide a windfall to the general unsecured creditors or others who have proper notice of the security interest would be inappropriate. Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999), aff'd, No. 00-1011, 2000 U.S. Dist. LEXIS 14751 (W.D. Ark. Aug. 28, 2000), aff'd, 257 F.3d 843 (8th Cir. 2001).

Cited: House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957); Rex Fin. Corp. v. Marshall, 406 F. Supp. 567 (W.D. Ark. 1976); Southern Farm Bureau Cas. Ins. Co. v. Spears, 360 Ark. 200, 200 S.W.3d 436 (2004).

27-14-704. Motor vehicles registered in foreign states.

Any motor vehicle or motorcycle belonging to any person who is a nonresident of this state who has registered the motor vehicle or motorcycle in and who has complied with all the laws of the state, territory, District of Columbia, or any province or territory of Canada in which the owner resides with respect to the registration of motor vehicles and the display of registration numbers and who shall conspicuously display the registration number as required may be operated in this state as follows:
1. If the motor vehicle is operated for the sole purpose of marketing farm products raised exclusively by the owner or other growers of the products associated with the owner in the raising of the farm products;
2. A privately owned and duly registered motor vehicle not operated for hire but for the purpose of going to and from the owner's place of regular employment and the making of trips for the purchasing of goods, wares, and merchandise if the owner lives outside of this state;
3. 1. Any motor vehicle operated by a nonresident only making an occasional trip into this state shall have the right to make an occasional trip without the payment of any motor vehicle license fee to this state, if the motor vehicle is not operated for hire.
  2. The Secretary of the Department of Finance and Administration may issue temporary permits without payment of license fees for motor vehicles operated for hire by a nonresident into and across the highways of this state when the vehicles are operated upon charters for casual, irregular, occasional, and nonscheduled sightseeing trips; and
4. The secretary is authorized and empowered to enter into any agreement or issue any permit for the operation of any motor vehicles upon the highways of this state without payment of license fees when the vehicles are operated under and by the supervision of the proper authorities of the United States Army, United States Air Force, United States Navy, or United States Marine Corps during any period of emergency.
The provisions of this section shall be operative as to a vehicle owned by a nonresident of this state only to the extent that under the laws of the state, territory, District of Columbia, or any province or territory of Canada, or other place of residence of the nonresident owner, like exemptions are granted to vehicles registered under the laws of, and owned by, residents of this state.

History. Acts 1931, No. 246, §§ 1, 2; Pope's Dig., §§ 6633, 6634; Acts 1941, No. 392, § 1; 1943, No. 143, § 1; A.S.A. 1947, §§ 75-238, 75-239; Acts 1993, No. 445, § 41; 2003, No. 832, § 1; 2019, No. 910, §§ 4529, 4530.

Case Notes

Traffic Stop.

Where deputy sheriff stopped defendant's truck under the mistaken belief that Arkansas law required the display of an expiration sticker, he had probable cause to make a traffic stop; regardless of whether the defendant is actually guilty of the violation that was the basis for the stop, all that is required is that the officer had probable cause to believe that a traffic violation had occurred. Travis v. State, 331 Ark. 7, 959 S.W.2d 32 (1998).

Police officer had probable cause under § 27-14-716 to stop defendant because the license plate frame obscured the identification of the plate's issuing state; the license plate was not clearly visible and the statute applied to all vehicles traveling on Arkansas roads, and as such, defendant's motion to suppress was properly denied. Hinojosa v. State, 2009 Ark. 301, 319 S.W.3d 258 (2009).

27-14-705. Application for registration and certificate of title — Definitions.

1. Every owner of a vehicle subject to the registration under this chapter shall make application to the Office of Motor Vehicle for the registration of the vehicle and issuance of a certificate of title or a certificate of title with beneficiary under § 27-14-727 for the vehicle upon the appropriate forms furnished by the office.
2. Every application shall bear the signature of the owner, written with pen and ink, unless the person is unable to write, in which case he or she affixes his or her mark, “X”, which must be witnessed by a person other than the office employee, and the signature shall be acknowledged by the owner before a person authorized to administer oaths.
The application shall contain:
1. The name, bona fide residence, and mailing address of the owner or business address of the owner if a firm, association, or corporation;
2. 1. A description of the vehicle, including, insofar as the data specified in this subsection may exist with respect to a given vehicle, the make, model, type of body, the number of cylinders, the serial number of the vehicle, the engine or other number of the vehicle designated to identify vehicles for registration purposes, and whether new or used, and if a new vehicle, a certificate of origin.
  2. 1. Except as provided under § 27-14-726, the certificate of origin shall be furnished to the dealer by the manufacturer and shall accompany the application for license and title.
    2. Except as provided under § 27-14-726, no license for the operation of the vehicle shall be granted and no certificate of title shall be issued unless the certificate of origin is made a part of the application.
  3. The certificate of origin shall be on a form to be prescribed by the Secretary of the Department of Finance and Administration.
  4. In the event a vehicle is designed, constructed, converted, or rebuilt for the transportation of property, the application shall include a statement of its capacity in terms of maximum gross vehicle weight rating as authorized by the manufacturer of the chassis or the complete vehicle;
3. A statement of the applicant's title and of all liens or encumbrances upon the vehicle and the names and addresses of all persons having any interest therein and the nature of every such interest and the name and address of the person to whom the certificate of title shall be delivered by the office;
4. 1. Further information as may reasonably be required by the office to enable it to determine whether the vehicle is lawfully entitled to registration and the owner entitled to a certificate of title.
  2. When the application refers to a new vehicle purchased from a dealer, the application shall be accompanied by a statement by the dealer or a bill of sale showing any lien retained by the dealer and a fee of fifty cents (50¢) in addition to the title.
  3. For the purposes of this section:
    1. The words “new vehicle” shall be defined as any motor vehicle transferred for the first time from a manufacturer or importer, or dealer or agent of a manufacturer or importer, and which motor vehicle had theretofore not been used, and is what is commonly known as a “new motor vehicle”; and
    2. The words “used vehicle” shall be any motor vehicle which has been sold, bargained, exchanged, given away, or the title transferred from the person who first took ownership from the manufacturer or importer, dealer, or agent of the manufacturer or importer, or so used as to have become what is commonly known as a “secondhand motor vehicle”.
In addition to the application referred to in subsections (a) and (b) of this section, a title application fee in the amount of eight dollars ($8.00) per motor vehicle is imposed on each title issued, which shall be paid to the office at the time that application for registration thereof is made.
1. All fees, fines, penalties, and other amounts collected under subsection (c) of this section shall be remitted to the Treasurer of State separate and apart from other taxes and fees.
2. 1. Three percent (3%) of the gross amount thereof shall be deducted by the Treasurer of State as provided by law.
  2. The net amount remaining after the deduction of the three percent (3%) is distributed as follows:
    1. Fifty percent (50%) of the net amount shall be distributed as provided under the Arkansas Highway Revenue Distribution Law, § 27-70-207 et seq. Provided that at least three million, six hundred eighty thousand dollars ($3,680,000) shall be distributed as provided in this subdivision (d)(2)(B)(i) before any other distributions are made under this section; and
    2. Fifty percent (50%) of the net amount shall be deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund to be used for the State Police Retirement System.
1. As used in this section, “expedited title processing service” means the expedited review of an applicant's application for certificate of title.
2. The Office of Motor Vehicle may provide an expedited title processing service for a motor vehicle subject to registration and issuance of a certificate of title under this chapter upon:
  1. The request of the applicant; and
  2. Payment of an expedited title processing service fee in the amount of ten dollars ($10.00) in addition to the specified title application fees required under subsection (c) of this section.
3. An expedited title processing service request:
  1. Shall be made in person by the applicant at the Central Revenue Office located at the Charles D. Ragland Taxpayer Services Center in Little Rock, Arkansas;
  2. Shall require that an applicant submit all the required registration forms and payment of the certificate of title application fees and expedited title processing service fee at the time of application;
  3. Shall not guarantee the issuance of a certificate of title; and
  4. Shall be completed by the Office of Motor Vehicle within three (3) business days from the date the applicant submitted the application.
4. The expedited title processing service fee collected under subdivision (e)(2) of this section shall be deposited to the credit of the Revenue Division of the Department of Finance and Administration into the Commercial Driver License Fund to be used for system enhancements, including without limitation for the systems used for processing motor vehicle, commercial motor carriers, or driver's licenses.

History. Acts 1949, No. 142, § 33; 1955, No. 110, § 1; 1979, No. 439, § 1; 1981, No. 40, § 1; A.S.A. 1947, § 75-133; Acts 1987, No. 945, § 6; 2009, No. 146, § 2; 2011, No. 335, § 1; 2011, No. 718, § 2; 2017, No. 448, § 8; 2019, No. 524, § 3; 2019, No. 910, § 4531.

Amendments. The 2009 amendment inserted “Except as provided under § 27-14-726” in (b)(2)(B)(i) and (ii) and made a related and stylistic change.

The 2011 amendment by No. 335 inserted “or a certificate of title with beneficiary under § 27-14-727” in (a)(1).

The 2011 amendment by No. 718 substituted “eight dollars ($8.00)” for “four dollars ($4.00)” in (c); deleted “and the net amount thereof shall be distributed as provided by the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq.” at the end of (d)(2)(A); and added (d)(2)(B).

The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in (b)(2)(C).

The 2019 amendment by No. 524 added (e).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b)(2)(C).

Case Notes

Innocent Purchaser.

Innocent purchaser of automobile relying on possession of motor vehicle and certificate of title will ordinarily be protected against the claims of the original seller. Aclin v. Manhattan Credit Corp., 225 Ark. 1028, 287 S.W.2d 451 (1956).

Priority of Claims.

Where finance company loaned money on automobile and obtained chattel mortgage on car relying on certificate of title and registration certificate in borrower's name, mortgage of finance company prevailed over claim of automobile dealer who had sold car based on fact that check with which purchaser had purchased vehicle was not good. Aclin v. Manhattan Credit Corp., 225 Ark. 1028, 287 S.W.2d 451 (1956).

Cited: Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999).

27-14-706. [Repealed.]

Publisher's Notes. This section, concerning listing with assessor and payment of taxes as prerequisite to registration, was repealed by Acts 1997, No. 974, § 1. The section was derived from the following sources: Acts 1951, No. 130, §§ 1, 2; 1953, No. 144, §§ 1, 2; 1953, No. 212, § 2; 1983, No. 753, § 1; A.S.A. 1947, §§ 75-133.1, 75-133.4, 75-133.33, 75-179.1.

27-14-707. Application for specially constructed vehicles, reconstructed vehicles, or foreign vehicles.

1. In the event the vehicle to be registered is a specially constructed vehicle, reconstructed vehicle, or foreign vehicle, that fact shall be stated in the application.
2. With reference to every foreign vehicle which has been registered previously outside of this state, the owner shall surrender to the Office of Motor Vehicle all registration plates, registration cards, and certificates of title, or other evidence of foreign registration as may be in his or her possession or under his or her control, except as provided in subsection (b) of this section.
Where in the course of interstate operation of a vehicle registered in another state it is desirable to retain registration of the vehicle in the other states, the applicant need not surrender, but shall submit for inspection, evidence of foreign registration, and the office, upon a proper showing, shall register the vehicle in this state but shall not issue a certificate of title for the vehicle.

History. Acts 1949, No. 142, § 34; A.S.A. 1947, § 75-134.

27-14-708. Temporary permit pending registration.

The Office of Motor Vehicle, at its discretion, may grant a temporary permit to operate a vehicle for which application for registration and certificate of title has been made where the application is accompanied by the proper fee, pending action upon the application by the office.

History. Acts 1949, No. 142, § 35; A.S.A. 1947, § 75-135.

27-14-709. Half-year license.

Notwithstanding any provision of law to the contrary, any motor vehicle for which the annual registration and licensing fee is one hundred dollars ($100) or more, for any twelve-month licensing period, may be licensed for the first six (6) months of the annual licensing period, upon payment of one-half (½) of the annual registration and licensing fee, plus an additional fee of five dollars ($5.00) to defray the administrative cost of issuing the half-year license, under such rules as the Secretary of the Department of Finance and Administration may promulgate.

History. Acts 1965 (1st Ex. Sess.), No. 38, § 1; A.S.A. 1947, § 75-282; Acts 2019, No. 315, § 3092; 2019, No. 910, § 4532.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations”.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-710. Grounds for refusing registration or certificate of title.

The Office of Motor Vehicle shall refuse registration or issuance of a certificate of title or any transfer of registration upon any of the following grounds:

That the application contains any false or fraudulent statement or that the applicant has failed to furnish required information or reasonable additional information requested by the office or that the applicant is not entitled to the issuance of a certificate of title or registration of the vehicle under this chapter;
That the office has reasonable grounds to believe that the vehicle is a stolen or embezzled vehicle or that the granting of registration or the issuance of a certificate of title would constitute a fraud against the rightful owner or other person having valid lien upon the vehicle;
That the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state;
That the required fee has not been paid; or
That the owner of a commercial motor vehicle has had his or her authority to operate denied or suspended by the United States Department of Transportation for safety-related violations.

History. Acts 1949, No. 142, § 36; A.S.A. 1947, § 75-136; Acts 2003, No. 854, § 2.

27-14-711. Examination of registration records and index of stolen and recovered vehicles.

The Office of Motor Vehicle, upon receiving application for original registration of a vehicle or any certificate of title, shall first check the engine and serial number, or other identifying number, shown in the application against the indexes of registered motor vehicles and against the index of stolen and recovered motor vehicles required to be maintained by this chapter.

History. Acts 1949, No. 142, § 37; A.S.A. 1947, § 75-137.

27-14-712. Registration indexes.

The Office of Motor Vehicle shall file each application received and, when satisfied as to the genuineness and regularity thereof and that the applicant is entitled to register the vehicle and to the issuance of a certificate of title, shall register the vehicle therein described and keep a record thereof in suitable methods which ensure that the records will be available as follows:

Under a distinctive registration number assigned to the vehicle;
Alphabetically, under the name of the owner;
Under the vehicle identification number, if available, otherwise any other identifying number of the vehicle; and
In the discretion of the office, in any other manner it may deem desirable.

History. Acts 1949, No. 142, § 38; A.S.A. 1947, § 75-138; Acts 1997, No. 809, § 4.

Cross References. List of owners filed with assessor, § 26-26-706.

Research References

Ark. L. Rev.

Watkins, Access to Public Records Under the Arkansas Freedom of Information Act, 37 Ark. L. Rev. 741.

Case Notes

Public Record.

The automobile title registration law makes motor vehicle titles and encumbrances a matter of public record, similar to the recording of deeds and mortgages. Bettis v. Manhattan Credit Co., 230 Ark. 686, 324 S.W.2d 352 (1959).

27-14-713. Issuance of registration certificates and certificates of title.

The Office of Motor Vehicle, upon registering a vehicle, shall issue a registration certificate and a certificate of title. The registration certificate and the certificate of title shall be of a type which, as nearly as possible, prevents the document from being altered, counterfeited, duplicated, or simulated without ready detection.
1. The registration certificate shall be delivered to the owner and shall display the date issued, the name and address of the owner, the registration number assigned to the vehicle, and the description of the vehicle as determined by the Office of Motor Vehicle.
2. Upon the reverse side it shall contain a form for endorsement of notice to the office upon transfer of the vehicle.
1. 1. The certificate of title shall contain upon its face the identical information required upon the face of the registration certificate.
  2. In addition, it shall contain:
    1. A statement of the owner's title;
    2. A statement of all liens and encumbrances on the vehicle therein described;
    3. A statement as to whether possession is held by the owner under a lease, contract of conditional sale, or other like agreement; and
    4. If a certificate of title is issued as a certificate of title with beneficiary, the information required under § 27-14-727.
2. The certificate shall bear the seal of the office.
1. The certificate of title shall contain upon the front side a space for the signature of the owner, and the owner shall write his or her name with pen and ink in the space upon receipt of the certificate, except when a surviving owner or a beneficiary applies for a new title under § 27-14-727.
2. The certificate shall also contain upon the reverse side forms for assignment of title or interest and warranty thereof by the owner, with space for notation of liens and encumbrances upon the vehicle at the time of a transfer.
1. The certificate of title shall be delivered to the owner in the event no lien or encumbrance appears thereon.
2. Otherwise, the certificate of title shall be delivered either to the person holding the first lien or encumbrance upon the vehicle as shown in the certificate or to the person named to receive it in the application for the certificate.

History. Acts 1949, No. 142, § 39; 1981, No. 697, § 1; A.S.A. 1947, § 75-139; Acts 2007, No. 171, § 1; 2011, No. 335, §§ 2, 3; 2017, No. 448, § 9.

Amendments. The 2011 amendment subdivided (c)(1)(B); inserted (c)(1)(B)(iv); and added “except when a surviving owner or a beneficiary applies for a new title under § 27-14-727” at the end of (d)(1).

The 2017 amendment, in (b)(1), substituted “shall display” for “shall contain, upon the face thereof” and “Office of Motor Vehicle” for “Commissioner of Motor Vehicles”.

Case Notes

Public Record.

Summary judgment in favor of the government in a forfeiture action of a car brought under 21 U.S.C.S. § 881(a)(4) and (j) was reversed because, under Arkansas law, it was clear that both claimants had U.S. Const. art. III standing to challenge the forfeiture under 18 U.S.C.S. § 983(a)(4) & (d); the grandmother had the greatest financial stake in the car and, under § 27-14-203, the mother was the owner of the car because she held legal title as the registered owner under this section, even though there was evidence that the mother had only “bare legal title” that was sufficient to confer Article III standing to contest the forfeiture. United States v. One Lincoln Navigator 1998, 328 F.3d 1011 (8th Cir. 2003).

Superior Title.

Where purchaser of automobile executed title retaining note and certificate of title was properly issued reciting the lien and third person subsequently came into possession of automobile, took it to another state and registered it under an incorrect motor number and subsequently returned it to Arkansas, and registered in Arkansas under the incorrect motor number reciting that the vehicle was free of liens, subsequent purchaser of automobile was not a purchaser without notice and lienholder had superior title. Bettis v. Manhattan Credit Co., 230 Ark. 686, 324 S.W.2d 352 (1959).

27-14-714. Registration certificate to be signed, carried, and exhibited on demand.

1. Every owner, upon receipt of a registration certificate, shall write his or her signature thereon, with pen and ink in the space provided. Every such registration certificate shall be, at all times, carried in the vehicle to which it refers or shall be carried by the person driving or in control of the vehicle, who shall display it upon demand of a police officer or any officer or employee of the Office of Motor Vehicle.
2. No person charged with violating this section shall be convicted if he or she produces in a court a registration certificate for the vehicle which was issued prior to, and in effect at, the time of the arrest.
The provisions of this section requiring that a registration certificate be carried in the vehicle to which it refers or by the person driving it shall not apply when the certificate is used for the purpose of making application for renewal of registration or upon a transfer of registration of the vehicle.
1. The provisions of this section shall not be construed to amend or repeal the requirement contained in § 27-14-601 which makes it unlawful for any truck to be operated upon the highways of Arkansas without the license registration card or certificate being at all times in the possession of the operator thereof and subject to inspection.
2. Possession of a photocopy of the license registration card or certificate shall be deemed to comply with the requirements of this section.

History. Acts 1949, No. 142, § 40; 1965 (2nd Ex. Sess.), No. 4, §§ 1, 3; A.S.A. 1947, §§ 75-140, 75-140.1.

Case Notes

Cited: United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955); Brenneman v. State, 264 Ark. 460, 573 S.W.2d 47 (1978).

27-14-715. Issuance of license plates.

The Office of Motor Vehicle, upon registering a vehicle, shall issue to the owner one (1) license plate for a motorcycle, trailer, or semitrailer and one (1) or two (2) license plates for every other motor vehicle.
Every license plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued, also the name of this state, which may be abbreviated, and the year number for which it is issued or the date of expiration thereof.
The license plates and required letters and numerals thereon, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of one hundred feet (100') during daylight.
The office shall issue for every passenger motor vehicle rented without a driver the same type of license plates as the type of plates issued for a private passenger vehicle.

History. Acts 1949, No. 142, § 41; A.S.A. 1947, § 75-141.

Cross References. Special license plates, §§ 27-15-101 et seq. and 27-24-101 et seq.

Case Notes

Cited: United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955).

27-14-716. Display of license plates generally.

1. License plates issued for a motor vehicle other than a motorcycle shall be attached thereto, one (1) in the front and the other in the rear.
2. 1. When one (1) plate is issued, it shall be attached to the rear.
  2. License plates for trucks of one-ton capacity or larger may be displayed either on the front or rear of the vehicle.
  3. The license plate issued for a motorcycle required to be registered under this chapter shall be attached to the rear thereof.
Every license plate shall, at all times, be securely fastened in a horizontal position to the vehicle for which it is issued so as to prevent the plate from swinging and at a height of not less than twelve inches (12") from the ground, measuring from the bottom of the plate, in a place and position to be clearly visible and shall be maintained free from foreign materials and in a condition to be clearly legible.
Placing any type of cover over a license plate which makes the license plate more difficult to read or which reduces the reflective properties of the license plate is prohibited.

History. Acts 1949, No. 142, § 42; 1985, No. 1065, § 1; A.S.A. 1947, § 75-142; Acts 2001, No. 1378, § 1.

Case Notes

Probable Cause.

Police officer had probable cause under this section to stop defendant because the license plate frame obscured the identification of the plate's issuing state; the license plate was not clearly visible and the statute applied to all vehicles traveling on Arkansas roads, and as such, defendant's motion to suppress was properly denied. Hinojosa v. State, 2009 Ark. 301, 319 S.W.3d 258 (2009).

Cited: United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955); Burris v. State, 330 Ark. 66, 954 S.W.2d 209 (1997).

27-14-717. License plates for proper year alone to be displayed — Exception.

There shall not be displayed on motor vehicles, trailers, or semitrailers any other motor vehicle license plates or other means of identification of the payment of the proper motor vehicle license fee other than that which has been issued for display and identification purposes at the proper time intended by the laws of the various states for such display and identification.
1. The display of subsequent year license plates shall be strictly limited to those vehicles for which there have been purchased license plates for the current registration period.
2. Nothing in this subsection (b) shall be construed so as to permit the operation of a motor vehicle on the streets and highways of Arkansas without the owner's having paid all registration fees applicable for the period of operation.
Any person driving a motor vehicle, trailer, or semitrailer in violation of this section shall, upon conviction, be fined in any sum not less than five dollars ($5.00) nor more than ten dollars ($10.00).

History. Acts 1945, No. 117, §§ 1, 3; 1983, No. 178, § 1; A.S.A. 1947, §§ 75-226, 75-228; Acts 1999, No. 385, § 2.

Case Notes

Transferred Plates.

Transfer of plate from one car to another by car dealer, violated former similar statute. Marchant v. State, 286 Ark. 24, 688 S.W.2d 744 (1985) (decision under prior law).

27-14-718. Application for renewal of registration.

Application for renewal of a vehicle registration shall be made by the owner, upon proper application and by payment of the registration fee for the vehicle, as provided by law.

History. Acts 1949, No. 142, § 44; A.S.A. 1947, § 75-144.

Case Notes

Cited: United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955).

27-14-719. No renewal of certificates of title.

Certificates of title need not be renewed annually but shall remain valid until cancelled by the Office of Motor Vehicle for cause or upon a transfer of any interest shown therein.

History. Acts 1949, No. 142, § 43; A.S.A. 1947, § 75-143.

Case Notes

Cited: United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955).

27-14-720. Lost or damaged certificates and plates.

In the event any registration certificate or license plate is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the office for, and may obtain, a duplicate or a substitute or a new registration under a new registration number, as determined to be most advisable by the office, upon the applicant's furnishing information satisfactory to the office.
1. 1. In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the vehicle for which it was issued, as shown by the records of the office, shall immediately make application to the office for and may obtain a duplicate if the conditions of this subdivision (b)(1) are satisfied.
  2. The following information shall be included in the application:
    1. The year, make, model, vehicle identification number, and body style of the vehicle;
    2. 1. The name of a lienholder; and
      2. A release if the applicant claims that the lien has been released; and
    3. Other information required by the office.
  3. The fee for a duplicate title shall accompany the application.
  4. The office may issue a duplicate title without notice if the records of the office do not show that a lien exists against the vehicle.
  5. 1. 1. The office shall mail notice to a lienholder shown in the records of the office at the address shown in the records for the lienholder.
      2. The notice shall state that the lienholder must respond to the office within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate title will be issued without recording the lien.
    2. 1. At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the office may issue a duplicate title without recording the name of the lienholder.
      2. If the lienholder responds within the time for response indicating that the lien has not been released, the office may issue a duplicate that places the name of the lienholder on the duplicate title.
    3. The notice required under this subdivision (b)(1)(E) shall not apply to a motor vehicle dealer approved by the Department of Finance and Administration.
2. Upon issuance of any duplicate certificate of title, the previous certificate last issued shall be void.

History. Acts 1949, No. 142, § 45; A.S.A. 1947, § 75-145; Acts 2009, No. 634, § 1.

Amendments. The 2009 amendment rewrote (b)(1).

27-14-721. Assignment of new identifying numbers.

The Office of Motor Vehicle is authorized to assign a distinguishing number to a motor vehicle whenever the serial number on the motor vehicle is destroyed or obliterated and to issue to the owner a special plate bearing the distinguishing number, which shall be affixed to the motor vehicle in a position to be determined by the Office of Motor Vehicle.
The motor vehicle shall be registered under the distinguishing number in lieu of the former serial number.

History. Acts 1949, No. 142, § 46; A.S.A. 1947, § 75-146; Acts 2017, No. 448, § 10.

Amendments. The 2017 amendment, in (a), substituted “on the motor vehicle” for “thereon”, inserted “motor” preceding “vehicle in”, and substituted “by the Office of Motor Vehicle” for “by the Commissioner of Motor Vehicles”.

27-14-722. Change of engines.

The Office of Motor Vehicle may adopt and enforce such registration rules as are necessary and compatible with the public interest with respect to the change or substitution of one engine in place of another in any motor vehicle.

History. Acts 1949, No. 142, § 47; A.S.A. 1947, § 75-147; Acts 2017, No. 448, § 11; 2019, No. 315, § 3093.

Amendments. The 2017 amendment substituted “The Office of Motor Vehicle may” for “The Commissioner of Motor Vehicles is authorized to” and “are necessary” for “may be deemed necessary”; and made a stylistic change.

The 2019 amendment deleted “and regulations” following “rules”.

27-14-723. Registration and license required upon presence in state.

Within thirty (30) calendar days of becoming a resident, a person who is a resident of this state shall obtain an Arkansas motor vehicle registration and license in order to operate a motor vehicle upon the streets and highways of this state.
A nonresident person who has been physically present in this state for a period of six (6) months shall obtain an Arkansas motor vehicle registration and license in order to operate a motor vehicle upon the streets and highways of this state.
1. 1. As used in this subsection, “entity” means a firm, corporation, association, partnership, or organization that transacts or conducts business in Arkansas and has a place of business in Arkansas.
  2. “Entity” does not include a firm, corporation, association, partnership, or organization engaged in one (1) or more of the following:
    1. Governmental operations, including municipal, county, state, or federal operations;
    2. Utility operation, maintenance, or repair;
    3. Construction;
    4. Natural resource exploration, production, or mining, including without limitation oil, gas, gravel, and timber; or
    5. Agricultural operations.
2. 1. 1. An entity that transacts or conducts business in Arkansas and has a place of business in Arkansas shall register a motor vehicle considered a pleasure vehicle under § 27-14-601(a)(1) that the entity owns and uses in its business operations in the state with the Office of Motor Vehicle within thirty (30) calendar days from the start of business in the state.
    2. If an entity began transacting or conducting business in the state before July 31, 2009, the entity shall have thirty (30) calendar days to comply with this subsection.
  2. 1. If a court of competent jurisdiction finds that an entity has failed to comply with subdivision (c)(2)(A) of this section, the court may assess a civil penalty against the entity not to exceed ten thousand dollars ($10,000).
    2. Proof that an employee or owner of the entity was found guilty of a violation of subdivision (c)(2)(A) of this section shall establish a prima facie case that the entity failed to comply with subdivision (c)(2)(A) of this section.
    3. A penalty assessed under this subdivision (c)(2)(B) shall become a lien against the property owned by the entity in the state.
    4. An entity may appeal the assessment of a civil penalty under this subdivision (c)(2)(B) to a circuit court of competent jurisdiction.
A person who pleads guilty or nolo contendere to or is found guilty of operating a motor vehicle that is not in compliance with this section is guilty of a violation and punishable as provided under § 5-4-201(c).

History. Acts 1993, No. 445, § 42; 1999, No. 912, § 2; 2009, No. 945, § 1.

Amendments. The 2009 amendment added (c) and (d), and made minor stylistic changes.

27-14-724. [Repealed.]

Publisher's Notes. This section, concerning foreign vehicle inspection, was repealed by Acts 2005, No. 165, § 1. The section was derived from Acts 2003, No. 1329, § 1.

27-14-725. Limited vehicle identification number verification.

As used in this section, “designee” means a person or entity that:
1. The Department of Arkansas State Police determines is appropriately suited for serving as a designee; and
2. Agrees to perform vehicle identification number verifications under this section on behalf of the Department of Arkansas State Police.
Except as provided under subsection (h) of this section, an application for registration or certificate of title for a motor vehicle shall be accompanied by a verification of the vehicle identification number if the owner of the motor vehicle:
1. Does not have a properly endorsed and assigned certificate of title or manufacturer’s certificate of origin and may only obtain title to the motor vehicle through:
  1. A court order; or
  2. The bonded title procedure of this state as set forth under § 27-14-409(c); or
2. Presents a title or other ownership document from another state that bears any of the following designations:
  1. Salvage;
  2. Prior salvage;
  3. Damaged;
  4. Prior damaged;
  5. Junked;
  6. Nonrepairable; or
  7. Any other designation that is substantially similar to the designations stated in this subdivision (b)(2).
1. The Department of Arkansas State Police shall perform vehicle identification number verifications under this section.
2. A vehicle identification number verification is only valid under this section if it is performed by one (1) of the following:
  1. The Department of Arkansas State Police;
  2. The designee of the Department of Arkansas State Police; or
  3. A local law enforcement agency.
1. The Department of Arkansas State Police, a local law enforcement agency, or the designee of the Department of Arkansas State Police may charge a fee for the vehicle identification number verification not to exceed twenty-five dollars ($25.00).
2. A fee owed to the Department of Arkansas State Police shall be:
  1. Collected by the Revenue Division of the Department of Finance and Administration at the time of application for title; and
  2. Deposited into the State Treasury as special revenue to the credit of the Department of Arkansas State Police Fund.
3. A fee owed to a local law enforcement agency or a designee may be collected and retained by the agency or the designee at the time of the inspection.
A designee under this section shall provide notice to the Department of Arkansas State Police as to which persons are conducting vehicle identification number verifications on behalf of the designee.
A local law enforcement agency or its employees are not required to perform vehicle identification number verifications under this section.
1. The Department of Arkansas State Police shall adopt a form that is to be used for all vehicle identification number verifications in the state.
2. The Department of Arkansas State Police may adopt:
  1. Reasonable rules to ensure that the verification process is available at convenient times and locations; or
  2. Reasonable rules to ensure that the verification process does not unduly burden legitimate businesses or consumers in the state.
This section shall not apply to a motor vehicle registered as a Class Two, Class Three, Class Four, Class Five, Class Six, Class Seven, or Class Eight truck under § 27-14-601(a)(3).
If information is received from another state which indicates that a motor vehicle title issued by the Department of Finance and Administration under this chapter does not accurately reflect the designation of the status of a motor vehicle such as those provided under subdivision (b)(2) of this section, then the Office of Motor Vehicle may cancel the motor vehicle title and issue a title that correctly designates the status of the motor vehicle.

History. Acts 2005, No. 165, § 2.

27-14-726. Mini-trucks — Definitions.

As used in this section:
1. “Low pressure tire” means a pneumatic tire six inches (6") or more in width designed for use on a wheel with a rim diameter of twelve inches (12") or less and utilizing an operating pressure of ten pounds per square inch (10 p.s.i.) or less as recommended by the vehicle manufacturer; and
2. 1. “Mini-truck” means a motor vehicle that is:
    1. At least forty-eight inches (48") in width;
    2. Not more than one hundred thirty-five inches (135") in length including the bumper;
    3. At least one thousand five hundred pounds (1,500 lbs.) in unladen weight, including fuel and fluids;
    4. Equipped with:
      1. Four (4) or more low pressure tires or pneumatic rubber tires that are used on motor vehicles;
      2. A steering wheel;
      3. Seating for at least two (2) people to sit side-by-side in the front seating area;
      4. A fully enclosed metal or metal-reinforced cab with safety glass that complies with 49 C.F.R. § 571.205 and 49 C.F.R § 571.205(a), in effect on January 1, 2019, and mirrors that comply with 49 C.F.R. § 571.111, in effect on January 1, 2019;
      5. Metal doors with functioning handle locks that are similar to the handle locks on motor vehicles;
      6. Headlamps as required under § 27-36-209;
      7. Tail lamps as required under § 27-36-215;
      8. Signal lamps as provided under § 27-36-216;
      9. A working horn as required under § 27-37-202(a);
      10. Seat belts as provided under § 27-37-701 et seq.; and
      11. Front and rear bumpers.
  2. A mini-truck may be equipped with a bed or cargo box for hauling materials.
  3. A mini-truck is not an all-terrain vehicle under § 27-20-201 et seq. and § 27-21-101 et seq.
1. The owner of a mini-truck may register and license it as a Class Eight farm vehicle under § 27-14-601(a)(3)(H).
2. In the application to register the mini-truck, the owner of the mini-truck shall provide:
  1. The same affidavit as required under § 27-14-601(a)(3)(H)(v) and § 27-14-601(a)(3)(H)(xi);
  2. Proof of insurance as required under the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., and § 27-22-101 et seq.; and
  3. Proof of ownership that is in the English language, to include a bill of sale and an export certificate or a title.
3. The fees for registering and licensing a mini-truck shall be the same as for registering a Class Eight farm vehicle under § 27-14-601(a)(3)(H)(ii)(a) .
4. The driver of a mini-truck shall have a valid driver's license.
5. The driver of a mini-truck that is registered and licensed under this section shall comply with and is subject to the same penalties for violating the rules of the road as provided under § 27-51-101 et seq.
6. A mini-truck is a motor vehicle for the purposes of minimum insurance liability under the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., and § 27-22-101 et seq.
A mini-truck shall not be operated on an interstate highway.
A mini-truck shall not be operated on a road or highway if:
1. The operation of mini-trucks is prohibited;
2. The road is a controlled-access highway;
3. The posted speed limit is more than fifty-five miles per hour (55 m.p.h.); or
4. The mini-truck cannot maintain a speed equal to the posted speed limit.

History. Acts 2009, No. 146, § 3; Acts 2019, No. 394, § 2.

Amendments. The 2019 amendment rewrote (a)(2)(A)(iv) (d)

27-14-727. Certificate of title with beneficiary — Definitions.

As used in this section:
1. 1. “Beneficiary” means one (1) individual who is designated to become the owner of a vehicle upon the death of the current owner as indicated on the certificate of title issued under this chapter.
  2. “Beneficiary” does not include a business, firm, partnership, corporation, association, or any other legally created entity;
2. “Certificate of title with beneficiary” means a certificate of title for a vehicle issued under this chapter that indicates the present owner of the vehicle and designates a beneficiary as provided under this section;
3. 1. “Owner” means an individual who holds legal title of a vehicle and can include more than one (1) person but not more than three (3) persons.
  2. “Owner” does not include a business, firm, partnership, corporation, association, or any other legally created entity; and
4. “Vehicle” means a motorized or nonmotorized piece of equipment with wheels that is:
  1. Primarily used to transport persons or property on the streets, roads, or highways; and
  2. Required to be registered, licensed, and titled by the Office of Motor Vehicle under this chapter.
If the owner or joint owners want to transfer a vehicle upon death by operation of law, the owner or joint owners may request that the Office of Motor Vehicle issue a certificate of title with beneficiary that includes a directive to the office to transfer the certificate of title 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 title with beneficiary.
1. The owner of a vehicle may submit a transfer on death application to the office to request the issuance of a certificate of title with beneficiary or a change to a certificate of title with beneficiary.
2. The owner shall provide the following information in the application:
  1. Whether the applicant seeks to add, remove, or change a beneficiary;
  2. The full legal name of the beneficiary;
  3. The Social Security number of the beneficiary;
  4. The address of the beneficiary;
  5. The vehicle identification number of the vehicle;
  6. The year, make, model, and body type of the vehicle;
  7. The printed full legal name of the owner of the vehicle;
  8. The Arkansas driver's license or identification card number for the owner of the vehicle; and
  9. The signature of the owner of the vehicle.
3. The owner shall include the following with the application:
  1. The certificate of title for the vehicle issued under this chapter;
  2. The certificate of title application fee as provided under § 27-14-705(c) and the certificate of title fee under § 27-14-602(b); and
  3. The certificate of title with beneficiary processing fee of ten dollars ($10.00).
4. 1. 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 Revenue Division of the Department of Finance and Administration.
  2. The fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
  3. The fee shall not be considered or credited to the office as direct revenue.
1. The office shall not issue a certificate of title with beneficiary to an owner of a vehicle if:
  1. The vehicle is encumbered by a lien; or
  2. The owner holds his or her interest in the vehicle as a tenant in common with another person.
2. If a lien request is made for a certificate of title with beneficiary, the beneficiary shall be removed and the lien added.
The certificate of title with beneficiary issued by the office 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.
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 vehicle for which a certificate of title with beneficiary has been issued; and
2. The certificate of title with beneficiary is revoked by:
  1. Selling the vehicle with proper assignment and delivery of the certificate of title to another person; or
  2. Filing an application with the office to remove or change a beneficiary as provided under subsection (c) of this section.
Except as provided in subsection (f) of this section, the designation of the beneficiary in a certificate of title 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.
The interest of the beneficiary in a vehicle 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 vehicle was subject during his or her lifetime.
1. 1. Upon the death of the owner, the office shall issue a new certificate of title for the vehicle to the surviving owner or, if no surviving owner, to the beneficiary if the surviving owner or beneficiary presents the following:
    1. Proof of death of the owner that includes a death certificate issued by the state or a political subdivision of the state;
    2. Surrender of the outstanding certificate of title with beneficiary; and
    3. Application and payment of the title application fee and title fee.
  2. A certificate of title 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 title 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 title under this subsection.
3. The transfer under this subsection is a transfer by operation of law, and § 27-14-907 applies to the extent practicable and not in conflict with this section.
The transfer of a vehicle upon the death of the owner under this section is not testamentary and is not subject to administration under Title 28 of the Arkansas Code.
The procedures and fees under § 27-14-720 shall apply for obtaining a duplicate title with beneficiary.
1. The office may promulgate rules for the administration of this section.
2. If rules are promulgated, the office shall consult with the Arkansas State Game and Fish Commission about the rules.

History. Acts 2011, No. 335, § 4; 2019, No. 524, § 4.

Amendments. The 2019 amendment, in (c)(3)(B), inserted “certificate of” twice and deleted “of four dollars ($4.00)” following “application fee”.

Subchapter 8 — Liens and Encumbrances

Effective Dates. Acts 1981, No. 326, § 3: Mar. 5, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law pertaining to the filing of motor vehicle liens with the Revenue Division is of questionable validity and inadequate, and that this Act is immediately necessary to provide an equitable and valid motor vehicle lien filing law. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Research References

Ark. L. Notes.

Laurence, Some Practical Advice on How to Perfect a Security Interest in an All-Terrain Vehicle, 1996 Ark. L. Notes 59.

Ark. L. Rev.

Conditional Sales in Arkansas, 4 Ark. L. Rev. 19.

Motor Vehicle Liens, 7 Ark. L. Rev. 331.

Secured Transactions: Article IX: Part 1, 16 Ark. L. Rev. 108.

Secured Transactions Under the Uniform Commercial Code, 18 Ark. L. Rev. 30.

Filing and Perfection Under the New Article Nine of the Uniform Commercial Code, 27 Ark. L. Rev. 507.

Recent Developments: Automobiles: Perfection of Liens and Constructive Notice, 32 Ark. L. Rev. 824.

Nickles, A Localized Treatise On Secured Transactions — Part II: Creating Security Interests, 34 Ark. L. Rev. 559.

Leflar, Conflict of Laws: Arkansas, 1978-82, 36 Ark. L. Rev. 191.

Case Notes

In General.

The types of interests and liens to which §§ 27-14-801 — 27-14-804 refer are conditional sales contracts, conditional leases, and chattel mortgages which are purely contractual and do not refer to federal tax liens. Union Planters Nat'l Bank v. Godwin, 140 F. Supp. 528 (E.D. Ark. 1956).

The motor vehicle certificate of title provisions create no new liens; rather, they prescribe how rights and titles may be protected by possession or filing for record. Goff-McNair Motor Co. v. Phillips Motor Co., 226 Ark. 751, 294 S.W.2d 342 (1956).

Purpose.

It was not the intent of the General Assembly in enacting §§ 27-14-801 — 27-14-804 to repeal the Arkansas Uniform Federal Tax Lien Registration Act (former § 18-47-201 et seq.) as it related to automobiles. Union Planters Nat'l Bank v. Godwin, 140 F. Supp. 528 (E.D. Ark. 1956).

In 1959, a new title registration law (Acts 1959, No. 307, § 9) was enacted which, in many respects, is identical with the provisions of Acts 1949, No. 142, but omits any requirement that liens or encumbrances be recorded in the county of the purchaser. It was the intention of the General Assembly to eliminate any requirement that such instruments be recorded by the circuit clerk. Francis v. Thomas, 232 Ark. 547, 338 S.W.2d 933 (1960).

The legislative purpose in enacting §§ 27-14-801 — 27-14-804 was to protect bona fide purchasers. Benton County Motors, Inc. v. Felder, 236 Ark. 356, 366 S.W.2d 721 (1963).

Applicability.

Where conditional sales contract was executed prior to effective date of §§ 27-14-801 — 27-14-804, these sections had no applicability. Terrell v. Loomis, 218 Ark. 296, 235 S.W.2d 961 (1951).

This subchapter has no applicability to construction equipment such as a dragline. James Talcott, Inc. v. Associates Disct. Corp., 302 F.2d 443 (8th Cir. 1962).

Sections 27-14-801 — 27-14-804 apply to all vehicles that are required to be registered. Benton County Motors, Inc. v. Felder, 236 Ark. 356, 366 S.W.2d 721 (1963).

Failure to Comply.

Having failed to comply with this subchapter, a creditor was not a lien encumbrancer insofar as third parties were concerned under the motor vehicle registration requirements when another creditor took possession of the subject automobile. Commercial Credit Corp. v. National Credit Corp., 251 Ark. 702, 473 S.W.2d 881 (1971); Union Nat'l Bank v. Hooper, 295 Ark. 83, 746 S.W.2d 550 (1988).

Where the creditor did not have a currently effective financial statement on file, the creditor did not have a perfected security interest under the Uniform Commercial Code in either the automobile or the chattel paper. Commercial Credit Corp. v. National Credit Corp., 251 Ark. 702, 473 S.W.2d 881 (1971).

27-14-801. Compliance required.

No conditional sale contract, conditional lease, chattel mortgage, or other lien or encumbrance or title retention instrument upon a vehicle, of a type subject to registration under the laws of this state other than a lien dependent upon possession, is valid as against the creditors of an owner acquiring a lien by levy or attachment or subsequent purchasers or encumbrances, with or without notice, until the requirements of this subchapter have been complied with.

History. Acts 1949, No. 142, § 60; 1951, No. 208, § 1; 1959, No. 307, § 9; 1973, No. 596, § 3; A.S.A. 1947, § 75-160.

Publisher's Notes. Acts 1973, No. 596, § 4, provided that: “The purpose of the Act is to subject mobile homes to the provisions of Act 142 of 1949 as amended, in order to remove doubt and uncertainty as to the application of the Act to that class of vehicle.”

Cross References. Penalty for violation of this section, § 27-50-305.

Case Notes

Purpose.

Failure to comply with this section does not affect the validity of a lien as between the parties to the transaction; rather, the legislative purpose of the statute is for the benefit of bona fide purchasers. Anderson v. First Jacksonville Bank, 243 Ark. 977, 423 S.W.2d 273 (1968).

Applicability.

This section does not apply to vehicles which are neither registered nor required to be registered. United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955), aff'd, 246 F.2d 351 (8th Cir. 1957), rev'd, United States v. Latrobe Constr. Co., 246 F.2d 357 (8th Cir.).

Arkansas statutes relating to perfection of a security interest in vehicles did not require a creditor to have maintained a copy of the title, nor did statutes provide that the security interest became unperfected if the title could not be located; accordingly, the fact that the creditor could not locate the certificates of title did not affect its security interests. In re Hill, 313 B.R. 290 (Bankr. E.D. Ark. 2004).

Bill of Sale.

Bill of sale by truck owner in payment of attorney's fees was an absolute conveyance of his interest, and not a conditional sale or mortgage. House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957).

Construction with Other Laws.

Although several provisions of Arkansas law may appear to conflict, a harmonious reading of the provisions of the Arkansas vehicle titling statutes and the Uniform Commercial Code clearly demonstrates that it is the intention of the statutes to allow the security interest in a vehicle perfected in a state other than Arkansas, by required notation on a certificate of title issued by that state, to remain perfected in Arkansas for a period of four (4) months, and so long thereafter as no certificate of title is issued by Arkansas. Meeks v. Mercedes-Benz Credit Corp. (In re Stinnett), 241 B.R. 599 (Bankr. W.D. Ark. 1999), aff'd, No. 00-1011, 2000 U.S. Dist. LEXIS 14751 (W.D. Ark. Aug. 28, 2000), aff'd, 257 F.3d 843 (8th Cir. 2001).

Foreign Registrations.

Judgment Creditors.

As this section does not apply to vehicles which are merely subject to registration but only to vehicles which are actually registered under this subchapter, in order for a judgment creditor to obtain the benefit thereof, as against a mortgagee, it must appear that the vehicle in question was in fact registered at the time the judgment creditor obtained a levy of execution thereon. United States v. Westmoreland Manganese Corp., 134 F. Supp. 898 (E.D. Ark. 1955), aff'd, 246 F.2d 351 (8th Cir. 1957), rev'd, United States v. Latrobe Constr. Co., 246 F.2d 357 (8th Cir.).

Liens Dependent upon Possession.

The possession intended by this section regarding a lien dependent upon possession is such open, notorious possession as will give notice to all the world of the claim. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960).

Where bank, which had loaned money to bankrupt, failed to record chattel mortgage on truck given as security, but held certificate of title on truck, its lien of encumbrance was of no effect against subsequent creditors, since mere possession of certificate of title cannot be said to be a lien dependent on possession within the meaning of this section. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960).

Priority of Rights.

The lien rights of a holder of retained title for sale of an automobile are superior to mechanic's lien on the vehicle notwithstanding the vendee who ordered the work may have obtained possession of the car from the mechanic without his knowledge or consent. Goff-McNair Motor Co. v. Phillips Motor Co., 226 Ark. 751, 294 S.W.2d 342 (1956).

Chapter 7 debtor maliciously injured farm equipment that was pledged as collateral for various bank loans within the meaning of 11 U.S.C.S. § 523(a)(6) because even though the bank's security interest therein was not perfected by the placement of evidence of the lien on the certificate of title per § 4-9-310(b), § 4-9-311, and § 27-14-801 et seq., the security interest was still valid as between the parties to the agreement per § 4-9-317(a)(2)(A) and § 4-9-322. Southern Bancorp South v. Richmond (In re Richmond), 430 B.R. 846 (Bankr. E.D. Ark. 2010).

Cited: Commercial Credit Corp. v. Associates Discount Corp., 246 Ark. 118, 436 S.W.2d 809 (1969); Henson v. Government Employees Fin. & Indus. Loan Corp., 257 Ark. 273, 516 S.W.2d 1 (1974); Rex Fin. Corp. v. Marshall, 406 F. Supp. 567 (W.D. Ark. 1976); Hill v. Bank of N.E. Ark., 264 Ark. 412, 572 S.W.2d 150 (1978); In re Frontier Mobile Home Sales, Inc., 635 F.2d 726 (8th Cir. 1980); Brown v. Arkoma Coal Corp., 276 Ark. 322, 634 S.W.2d 390 (1982).

27-14-802. Application and documents.

There shall be deposited with the Office of Motor Vehicle a copy of the instrument creating and evidencing a lien or encumbrance, which instrument is to be executed in the manner required by the laws of this state and accompanied by the certificate of title last issued for the vehicle.
If a vehicle is subject to a security interest when brought into this state, the validity of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest attached, subject to the following:
1. If the parties understood at the time the security interest attached that the vehicle would be kept in this state and it was brought into this state within thirty (30) days thereafter for purposes other than transportation through this state, the validity of the security interest in this state is determined by the law of this state;
2. If the security interest was perfected under the law of the jurisdiction where the vehicle was when the security interest attached, the following rules apply:
  1. If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, the lienholder’s security interest continues perfected in this state;
  2. If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this state for four (4) months after a first certificate of title of the vehicle is issued in this state and also thereafter if, within the four-month period, it is perfected in this state. The security interest may also be perfected in this state after the expiration of the four-month period. In that case, perfection dates from the time of perfection in this state;
3. If the security interest was not perfected under the law of the jurisdiction where the vehicle was when the security interest attached, it may be perfected in this state. In that case, perfection dates from the time of perfection in this state;
4. A security interest may be perfected either under subdivision (b)(2)(B) of this section or subdivision (b)(3) of this section as provided in subsection (a) of this section.
If the vehicle is of a type subject to registration under this chapter, but has not been registered and no certificate of title has been issued therefor, then the certified copy of the instrument creating the lien or encumbrance shall be accompanied by an application by the owner in usual form for an original registration and issuance of an original certificate of title. In every such event, the application shall be accompanied by any fees as provided in this chapter.

History. Acts 1949, No. 142, § 60; 1951, No. 208, § 1; 1959, No. 307, § 9; A.S.A. 1947, § 75-160; Acts 1989, No. 251, § 4.

Case Notes

Priority of Liens.

Where the chancery court ordered the sale of a truck to satisfy a repairman's lien, but the truck had been subject to a finance company's perfected security interest when brought into the state, the interest acquired by the buyer at the judicial sale was subject to the finance company's vendor's lien, and a replevin action brought by the finance company was not a collateral attack on the chancery court order, since the finance company was never made a party to that suit. Mack Fin. Corp. v. Chrestman, 270 Ark. 396, 605 S.W.2d 749 (1980).

Security Interests.

Nowhere is there a requirement that vehicles must have been physically present when the certificates of title perfecting the security interest were issued, only that the vehicles must have been in that jurisdiction when the security interest attached. Strick Corp. v. Eldo-Craft Boat Co., 479 F. Supp. 720 (W.D. Ark. 1979).

If a vehicle is subject to a security interest when brought into this state, the validity of the security interest is determined by the law of the jurisdiction where the vehicle was when the security interest attached, provided that, if the security interest was perfected under the law of the state where the vehicle was when the security interest attached, and if the name of the lienholder is shown on an existing certificate of title issued by that state, the security interest continues to be perfected in this state, without further steps on the part of the secured party. Strick Corp. v. Eldo-Craft Boat Co., 479 F. Supp. 720 (W.D. Ark. 1979).

27-14-803. Filing and certification.

Upon receipt of application and documents as provided in this subchapter, the Office of Motor Vehicle shall file them, endorsing thereon the date and hour received at the central office of the Office of Motor Vehicle. When satisfied as to the genuineness and regularity of the application, the office shall issue a new certificate of title in usual form giving the name of the owner and a statement of all liens or encumbrances certified to the office as provided in this section as existing against the vehicle.

History. Acts 1949, No. 142, § 60; 1951, No. 208, § 1; 1959, No. 307, § 9; A.S.A. 1947, § 75-160.

Case Notes

Failure to File.

Holder of conditional sales contract who failed to record copy of contract as required by this section was not entitled to priority on sale of car by judgment creditor. West v. General Contract Purchase Corp., 221 Ark. 33, 252 S.W.2d 405 (1952).

The provisions of this section are exclusive and mandatory; therefore, holder of conditional sales contract who failed to file copy of contract as required by this section was not entitled to priority on sale of car by judgment creditor. West v. General Contract Purchase Corp., 221 Ark. 33, 252 S.W.2d 405 (1952); Dick Conway Motors, Inc. v. Caldwell-Douglass Co., 233 Ark. 494, 345 S.W.2d 630 (1961).

A lien of attachment has priority over a chattel mortgage given on an automobile to secure a loan before the action was filed or attachment issued or executed where no copy of the mortgage was filed as required by this section. Francis v. Thomas, 232 Ark. 547, 338 S.W.2d 933 (1960).

Title retention contract was not valid against subsequent liens where contract had not been filed as required by this section. In re Glass, 286 F. Supp. 859 (W.D. Ark. 1968).

Improper Filing.

A chattel mortgage upon a semitrailer which the bank filed with the clerk of the circuit court but did not file with the appropriate state agency was not valid as against a transfer of the title and possession to the owner's employer to secure loans of money made by such employer to the owner. Bank of Dardanelle v. Bibler Bros., 244 Ark. 534, 426 S.W.2d 152 (1968).

Notice.

Oral advice by mortgagor to Office of Motor Vehicle that there was a chattel mortgage on his car was ineffective, since oral notice is not compliance with requirement of filing copy of instrument with state title agency. In re Watson, 99 F. Supp. 49 (W.D. Ark. 1951).

Notice is not sufficient to affix a lien on an automobile; only filing with the Office of Motor Vehicle as required in this section will create such a lien. In re Shiflet, 240 F. Supp. 183 (E.D. Ark. 1965).

Reliance on Certificate.

Where a purchaser paid consideration and took delivery of a motor home several months before another state and Arkansas issued the certificates of title that failed to show the bank's lien, to allow the purchaser to retain the vehicle would defeat the general policy involved in certificate of title laws, which is that lienholders and third parties should be able to rely upon certificates of title; thus the purchaser could not be considered a bona fide purchaser because he did not purchase relying on any certificate of title. Commercial Nat'l Bank v. McWilliams, 270 Ark. 826, 606 S.W.2d 363 (1980).

Transactions Outside State.

Where bank in another state recorded chattel mortgage on car pursuant to law of the other state, the bank was entitled to recover car from innocent purchaser of car for value in Arkansas, since requirement of filing notice of lien as required by this section did not apply to transaction occurring outside Arkansas. Chetopa State Bank v. Manes, 221 Ark. 784, 255 S.W.2d 957 (1953).

Where a conditional sales contract entered into in another state was recorded neither in that state nor in this state and the conditional buyer defaulted, the assignee of the contract was not entitled to possession of the car as against an Arkansas bona fide purchaser for value without notice. Benton County Motors, Inc. v. Felder, 236 Ark. 356, 366 S.W.2d 721 (1963).

Unrecorded Security Interest.

The ownership of the purchaser of an automobile would not have been affected, with or without notice, by the automobile dealer's creditor's unfiled security agreement. Commercial Credit Corp. v. National Credit Corp., 251 Ark. 702, 473 S.W.2d 881 (1971).

Where a creditor financed an automobile for a dealer who sold the automobile and sold the financing agreement to another creditor, the original creditor's interest would attach only to the proceeds of the sale. Commercial Credit Corp. v. National Credit Corp., 251 Ark. 702, 473 S.W.2d 881 (1971).

27-14-804. Index.

The Office of Motor Vehicle shall maintain an appropriate index of all lien, encumbrance, or title retention instruments filed as provided in this subchapter.

History. Acts 1949, No. 142, § 60; 1951, No. 208, § 1; 1959, No. 307, § 9; A.S.A. 1947, § 75-160.

Case Notes

27-14-805. Constructive notice.

The filing and issuance of a new certificate of title as provided in this chapter shall constitute constructive notice of all liens and encumbrances against the vehicle described therein to creditors of the owner, subsequent purchasers, and encumbrancers, except those liens as may be authorized by law dependent upon possession.
1. In the event the documents referred to in § 27-14-802 are received and filed in the Office of Motor Vehicle within thirty (30) days after the date the documents were executed, the lien is deemed to have been perfected on the date of the execution of the documents.
2. Otherwise, constructive notice shall date from the time of receipt and filing of the documents by the office as shown by its endorsement thereon.

History. Acts 1981, No. 326, § 1; A.S.A. 1947, § 75-161; Acts 1991, No. 579, § 1.

Research References

U. Ark. Little Rock L.J.

Survey — Debtor/Creditor Relations, 14 U. Ark. Little Rock L.J. 767.

Case Notes

Actual Notice.

Where judgment debtor attempted to give notice by informing purchaser and sheriff at sale that third party held conditional sales contract, such notice was ineffective in light of former similar statute. Dick Conway Motors, Inc. v. Caldwell-Douglass Co., 233 Ark. 494, 345 S.W.2d 630 (1961) (decision under prior law).

Notice is not sufficient to affix a lien on an automobile; only filing as required in former similar statute will create such a lien. In re Shiflet, 240 F. Supp. 183 (E.D. Ark. 1965) (decision under prior law).

Bankruptcy.

If conditional sale contract was not filed within ten-day period, notice dated from time of filing, and for preference purposes under Bankruptcy Act, the transfer was made as of date of filing rather than of date of execution of contract. Dinkelspiel v. Garrett, 96 F. Supp. 800 (W.D. Ark. 1951) (decision under prior law).

Generally.

The language of this section addresses perfection when issuing a new certificate of title but this statute does not provide that failure to issue a new certificate of title pursuant to § 27-14-908 results in the lien being unperfected. In re Johnson, 407 B.R. 364 (Bankr. E.D. Ark. 2009).

Liens Dependent upon Possession.

The possession intended by former similar statute regarding a lien dependent upon possession is such open, notorious possession as will give notice to all the world of the claim. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960) (decision under prior law).

Where bank, which had loaned money to bankrupt, failed to record chattel mortgage on truck given as security, but held certificate of title on truck, its lien of encumbrance was of no effect against subsequent creditors, since mere possession of certificate of title could not be said to be a lien dependent on possession within the meaning of former similar statute. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960) (decision under prior law).

Priority of Rights.

Public Records.

Purchaser Without Notice.

Where purchaser of automobile executed title retaining note and certificate of title was properly issued reciting the lien and third person subsequently came into possession of automobile and took it to another state and registered it under an incorrect motor number and subsequently returned it to Arkansas and registered it in Arkansas under the incorrect motor number reciting that the vehicle was free of liens, subsequent purchaser of automobile was not a purchaser without notice and lienholder had superior title. Bettis v. Manhattan Credit Co., 230 Ark. 686, 324 S.W.2d 352 (1959) (decision under prior law).

Cited: Brown v. Arkoma Coal Corp., 276 Ark. 322, 634 S.W.2d 390 (1982).

27-14-806. Optional means of recording.

1. At his or her option, a lienholder may:
  1. Record the lien:
    1. On the manufacturer's statement of origin;
    2. On an existing certificate of title; or
    3. If the Office of Motor Vehicle determines it is technologically and economically feasible to offer the ability to electronically record a lien, through the electronic lien recording database established by the Department of Finance and Administration; and
  2. File with the Revenue Division of the Department of Finance and Administration a certified copy of the instrument creating and evidencing the lien or encumbrance.
2. In the case of implements of husbandry, mobile homes or manufactured homes as defined in § 27-14-104, and all-terrain vehicles as defined in § 27-21-102, at his or her option, a lienholder may:
  1. Record the lien on the manufacturer's statement of origin;
  2. Record the lien on an existing certificate of title;
  3. File with the division a certified copy of the instrument creating and evidencing the lien or encumbrance; or
  4. If the office determines it is technologically and economically feasible to offer the ability to electronically record a lien, record the lien through the electronic lien recording database established by the department.
3. He or she shall remit therewith a fee of one dollar ($1.00) for each lien to be filed.
4. The recording or filing shall constitute constructive notice of the lien against the vehicle described therein to creditors of the owner, subsequent purchasers, and encumbrances, except those liens that are by law dependent upon possession.
5. A photocopy of the manufacturer's statement of origin or of an existing certificate of title or of ownership, showing the lien recorded thereon and certified as a true and correct copy by the party recording the lien, shall be sufficient evidence of the recording.
1. 1. The lien shall be deemed perfected and the constructive notice shall be effective from the date of the execution of the instrument creating and evidencing the lien or encumbrance if it is filed as authorized in this section within thirty (30) days after the date of the execution thereof.
  2. If the instrument is filed more than thirty (30) days after the date of the execution thereof, the lien shall be deemed perfected and the constructive notice shall date from the time of the filing of the instrument.
2. However, the filing of a lien under the provisions of this section by the lienholder and the payment of the fee therefor shall in no way relieve any person of the obligation of paying the fee required by law for filing a lien to be evidenced on a certificate of title of a motor vehicle.

History. Acts 1981, No. 326, § 1; A.S.A. 1947, § 75-161; Acts 1989, No. 821, § 11; 1991, No. 579, § 2; 2005, No. 2160, § 1; 2017, No. 448, § 12; 2017, No. 687, § 1.

Amendments. The 2017 amendment by No. 448, in (a)(2), substituted “implements of husbandry, mobile homes or manufactured homes as defined in § 27-14-104, and all-terrain vehicles as defined in § 27-21-102” for “implements of husbandry, as defined in § 27-14-212, all-terrain vehicles as defined in § 27-21-102, mobile homes as defined in § 27-14-207, or manufactured homes, as defined in § 27-14-207”.

The 2017 amendment by No. 687 redesignated the introductory language of (a)(1)(A) as the introductory language of (a)(1); redesignated part of (a)(1)(A)(i) as the introductory language of (a)(1)(A); added (a)(1)(A)(iii); added (a)(2)(D); and made stylistic changes.

Case Notes

In General.

The use of the words “at his option” in former similar statute clearly indicated a legislative intent to provide alternate methods for perfection of liens and for giving constructive notice. Hill v. Bank of N.E. Ark., 264 Ark. 412, 572 S.W.2d 150 (1978) (decision under prior law).

Improper Filing.

Title retention contract was not valid against subsequent liens where contract had not been filed as required. In re Glass, 286 F. Supp. 859 (W.D. Ark. 1968) (decision under prior law).

A chattel mortgage upon a semi-trailer which the bank filed with the clerk of the circuit court but did not file with the appropriate state agency was not valid as against a transfer of the title and possession to the owner's employer to secure loans of money made by such employer to the owner. Bank of Dardanelle v. Bibler Bros., 244 Ark. 534, 426 S.W.2d 152 (1968) (decision under prior law).

Liens Dependent upon Possession.

Where bank, which had loaned money to bankrupt, failed to record chattel mortgage on truck given as security, but held certificate of title on truck, its lien of encumbrance was of no effect against subsequent creditors, since mere possession of certificate of title could not be said to be a lien dependent on possession within the meaning of former similar statute. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960) (decision under prior law).

Cited: Brown v. Arkoma Coal Corp., 276 Ark. 322, 634 S.W.2d 390 (1982).

27-14-807. Methods exclusive — Exception.

The methods provided in this subchapter of giving constructive notice of a lien or encumbrance upon a registered vehicle shall be exclusive except as to liens dependent upon possession and manufactured homes or mobile homes for which the certificate of title has been cancelled under § 27-14-1603.
A security interest, lien, or encumbrance on a manufactured home or mobile home for which the certificate of title has been cancelled under § 27-14-1603 shall be obtained in the same manner used to perfect a security interest, lien, or encumbrance against other real property.
Any lien, or encumbrance, or title retention instrument filed as provided in this subchapter, and any documents evidencing them, are exempted from the provisions of law which otherwise require or relate to the recording or filing of instruments creating or evidencing title retention or other liens or encumbrances upon vehicles of the types subject to registration under this chapter.

History. Acts 1981, No. 326, § 1; A.S.A. 1947, § 75-161; Acts 2005, No. 1991, § 5.

Case Notes

In General.

The pluralization of the word “method” in former similar statute clearly indicated a legislative intent to provide alternate methods for perfection of liens and for giving constructive notice. Hill v. Bank of N.E. Ark., 264 Ark. 412, 572 S.W.2d 150 (1978) (decision under prior law).

There was no merit to a trustee's claim that he was allowed under 11 U.S.C.S. § 544 to avoid liens the U.S. Government and a bank held on farm equipment owned by debtors who declared Chapter 7 bankruptcy, and on rice the debtors had harvested that was in storage, because the debtors borrowed money and executed security agreements in the name of a joint venture they created; however, neither the Government nor the bank had a secured interest in vehicles the debtors owned which had titles that did not show a lien in favor of the Government or the bank because Arkansas law provided that creditors' security interests in registered vehicles had to be shown on the vehicle's title. Bank of Eng. v. Rice (In re Webb), 520 B.R. 748 (Bankr. E.D. Ark. 2014).

Liens Dependent upon Possession.

Where bank, which had loaned money to bankrupt, failed to record chattel mortgage on truck given as security, but held certificate of title on truck, its lien of encumbrance was of no effect against subsequent creditors, since mere possession of certificate of title could not be said to be a lien dependent on possession within the meaning of former similar statute. In re Ford, 186 F. Supp. 252 (E.D. Ark. 1960) (decision under prior law).

Cited: Brown v. Arkoma Coal Corp., 276 Ark. 322, 634 S.W.2d 390 (1982).

Subchapter 9 — Transfers of Title and Registration

Effective Dates. Acts 1947, No. 416, § 4: Approved Mar. 28, 1947. Emergency clause provided: “It is found and declared that at the present time operators of vehicles for hire are subjected to discrimination in the fees charged for the replacement of such vehicles; that the Commissioner of Revenues is besieged daily by the operators of vehicles for hire to take remedial action to prevent such discriminatory practices; that owing to the present status of the law a great number of new vehicles are kept off the highways of the State of Arkansas, thus depriving the State and other participants of the revenues incident to the operation of such vehicles; that only the provisions of this act will make it possible to eliminate these discriminatory practices existing under the present law and enable large numbers of new vehicles to be put into operation; that for these reasons it is necessary for the preservation of the public peace, health and safety that this act become effective without delay. It is, therefore, declared that an emergency exists, and that this Act shall take effect and be in force from and after its passage.”

Acts 1955, No. 110, § 4: Effective on passage. Approved Feb. 25, 1955.

Acts 1967, No. 134, § 4: Feb. 23, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present laws of this State do not permit a person selling a motor vehicle, or who purchases a new vehicle to replace a vehicle destroyed, to remove from the old vehicle the license plates thereon for use on the new vehicle, and this procedure works an undue hardship on the owners of motor vehicles who have paid the applicable tax for a particular license plate and wishes to retain such tag, and that the immediate passage of this Act is necessary to correct this inequity. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1967, No. 465, § 26: Emergency clause failed to pass.

Acts 1981, No. 886, § 4: Mar. 28, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly that in many instances certificates of title do not exist for old junked vehicles and that salvage dealers are impeded in their ability to scrap such vehicles due to the inability to obtain a certificate of title, and that this Act is immediately necessary to allow the use of a bill of sale in place of a certificate of title in order to dispose of dangerous and unsightly junked vehicles. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1991, No. 293, § 5: Mar. 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Revenue Commissioner should be authorized to permit lenders to make application on behalf of their borrowers for certificates of title for motor vehicles financed by the lenders; that this Act grants such authority to the Revenue Commissioner; and that this Act should go into effect as soon as possible in order to grant the Revenue Commissioner the authority to relieve and undue burden which now exists upon motor vehicle lienholder. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 268, § 11: Feb. 13, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that current law imposes a 10% penalty on late payment of sales or use tax on motor vehicles and trailers; that current law disallows the isolated sales exemption to a purchase of a motor vehicle or trailer; that each of these provisions are in need of clarification to ensure the original legislative intent is fulfilled; and that Sections 6 and 7 of this act should be effective immediately to prevent possible confusion among the taxpayers of this state. Therefore, an emergency is hereby declared to exist and Sections 6 and 7 of this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect immediately upon its passage and approval.”

Acts 1999, No. 1305, § 5: Apr. 9, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly that the failure of lienholders to release liens and encumbrances on motor vehicles in a timely manner after satisfaction of such liens or encumbrances is injurious to the motor vehicle dealers of this state and interrupts the flow of commerce in this state; that there is currently no statutory provision to require lienholders to release liens or encumbrances on motor vehicles in a timely manner upon satisfaction of such lien or encumbrance by payment in full; and that until lienholders are required to release liens or encumbrances on motor vehicles in a timely manner, the motor vehicle dealers of this state will continue to be injured. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 1307, § 3: Jan. 1, 2000.

Acts 2005, No. 1175, § 2: Mar. 22, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that Act 165 of 2005 eliminating the verification of vehicle identification numbers has inadvertently created the possibility that out-of-state vehicles may be titled and registered in the State of Arkansas without being present in the state or without the security interest against the motor vehicle being recorded in Arkansas; and that this act is immediately necessary to prevent citizens of the State of Arkansas from being defrauded by out-of-state sellers of motor vehicles. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 726, § 2: July 1, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current procedure for registering motor vehicles acquired by lienholders through operation of law creates the possibility that out-of-state vehicles may be titled and registered in the State of Arkansas without being present in the state or without the security interest against the motor vehicle being recorded in Arkansas; and that this act is immediately necessary to prevent citizens of the State of Arkansas from being defrauded by out-of-state sellers of motor vehicles. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2015.”

Research References

Ark. L. Rev.

Insurance — Liability of Automobile Insurer Under “Sale and Unconditional Ownership” Clause to Bona Fide Purchaser of Stolen Vehicle, 4 Ark. L. Rev. 492.

Conflict of Laws — Effect on Title of New Transaction After Unpermitted Removal of Chattel to Another State, 6 Ark. L. Rev. 223.

27-14-901. Penalty.

It shall be a Class C misdemeanor for any person to fail or neglect to enter the transferee's name on a properly endorsed certificate of title, or fail or neglect to properly endorse and deliver a certificate of title to a transferee or owner lawfully entitled thereto.
Any person found to be in possession of a vehicle with an improperly assigned title which fails to identify the transferee must immediately establish ownership of the vehicle, register the vehicle, and pay the requisite fees, taxes, and penalties.

History. Acts 1949, No. 142, § 56; A.S.A. 1947, § 75-156; Acts 1989, No. 939, § 1.

27-14-902. Transfer or assignment by owner or lessee generally.

1. Whenever the owner or lessee of a registered vehicle transfers or assigns his or her title, or interest thereto, the registration of the vehicle shall expire.
2. The owner or lessee shall remove the license plate or plates therefrom.
3. 1. The owner or lessee may have the plate or plates assigned to another vehicle upon payment of the fees required by law and subject to the rules of the Office of Motor Vehicle.
  2. Whenever the owner or lessee elects to assign the plate or plates to a replacement vehicle, the owner may display the plate or plates on the replacement vehicle prior to registering the vehicle within the time permitted by § 27-14-903 provided that the owner has complied with § 27-14-701(c).
1. The owner or lessee shall pay a transfer fee of one dollar ($1.00).
2. If the fee for registering and licensing the vehicle to be registered is greater than the registration fee paid for the vehicle originally licensed, then the office shall, in addition, collect an amount equal to the excess payable for the vehicle to be registered.
3. No refund will be due in the event that the fee for registering and licensing the vehicle to be registered is less than that represented by the license to be transferred.
The owner or lessee shall pay any additional fee which shall be required under the registration laws of this state.
The owner shall endorse an assignment and warranty of title upon the certificate of title for the vehicle, and he or she shall deliver the certificate of title to the purchaser or transferee at the time of delivery of the vehicle, except as provided in §§ 27-14-906 and 27-14-909.

History. Acts 1949, No. 142, § 48; 1955, No. 110, § 2; 1967, No. 465, § 23; A.S.A. 1947, § 75-148; Acts 1995, No. 268, § 3; 1999, No. 461, § 1; 1999, No. 1106, § 1; 2019, No. 315, § 3094.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (a)(3)(A).

Case Notes

Purpose.

The purpose of a registration statute is to protect bona fide purchasers of automobiles from fraudulent sales and to help identify the owners of automobiles being operated on the highway. It is not designed to change the law with regard to passage of title upon either an absolute sale or a conditional sale of a vehicle. Olin Mathieson Chem. Corp. v. Southwest Cas. Co., 149 F. Supp. 600 (W.D. Ark. 1957).

Bill of Sale.

Forged Endorsements.

Forged endorsement on certificate of title does not pass title to purchaser. Blaylock v. Herrington, 219 Ark. 939, 245 S.W.2d 576 (1952).

Wife was not estopped from recovering her automobile from individual who secured possession by virtue of a forged endorsement on certificate by husband two days after marriage and who fled state with automobile for which he traded. Blaylock v. Herrington, 219 Ark. 939, 245 S.W.2d 576 (1952).

Noncompliance.

Lack of compliance with registration statutes does not prevent passage of title. Olin Mathieson Chem. Corp. v. Southwest Cas. Co., 149 F. Supp. 600 (W.D. Ark. 1957).

27-14-903. Registration by transferee — Title retention notes.

1. The transferee of any new or used vehicle required by law to be registered shall apply for, or cause to be applied for, the registration thereof within thirty (30) days after the date of the release of lien by a prior lienholder, as provided in § 27-14-909, or thirty (30) days after the date of the transfer if no lien exists.
2. No vehicle shall be operated upon a public street or highway for more than thirty (30) days after the release of lien by a prior lienholder, as provided in § 27-14-909, or thirty (30) days after the transfer date if no lien exists, unless a valid registration plate is properly attached thereto.
A transferee shall at the same time present the certificate of title, endorsed and assigned as provided in § 27-14-902, to the Office of Motor Vehicle and make application for and obtain a new certificate of title for the vehicle, except as otherwise provided in §§ 27-14-904 and 27-14-907.
1. 1. It shall be unlawful for a dealer or other person who sells or finances the purchase of a vehicle subject to registration in this state to use a title retention note to secure his or her interest in the vehicle.
  2. As used in this section, a “title retention note” shall mean any instrument that grants the purchaser the right to possession and use of the vehicle, but withholds assignment of ownership on the existing certificate of title and its delivery to the purchaser, until full payment has been made by the purchaser, thereby thwarting the purchaser's ability to comply with subsection (b) of this section.
2. It shall be a Class C misdemeanor for a motor vehicle dealer or other seller to fail to comply with the provisions of this subsection.
This section is not intended to limit the rights of a lienholder to perfect or record his or her security interest in a motor vehicle pursuant to the provisions of §§ 27-14-802 and 27-14-806.

History. Acts 1949, No. 142, § 49; 1971, No. 158, § 1; 1983, No. 252, § 2; A.S.A. 1947, § 75-149; Acts 1991, No. 737, § 1; 1995, No. 268, § 1; 1999, No. 1307, § 1.

Case Notes

Construction.

This section, which makes retention of title a Class C misdemeanor, is directly at odds with § 18-45-202(b), which grants priority to a vendor only if the vendor keeps possession of the title; however, subsection (d) of this section provides that it is not intended to limit the rights of a lienholder to perfect or record his security interest. Bokker v. Hill, 327 Ark. 742, 940 S.W.2d 852 (1997).

Attachment.

Where owner of truck transferred it to his attorney by bill of sale in payment of attorney's fees, his attorney was not required to make application for a new certificate of title under this section, since he did not have physical possession of the truck as it was being held by the sheriff under attachment. House v. Hodges, 227 Ark. 458, 299 S.W.2d 201 (1957).

Priority of Liens.

Vendor's lien on a motor vehicle held subordinate to a mechanic's lien on the same vehicle where the vendor failed to retain title to the vehicle as required by § 18-45-202(b), even though such action is prohibited by this section. Bokker v. Hill, 327 Ark. 742, 940 S.W.2d 852 (1997).

Purchaser in Good Faith.

This section does not make a dealer who obtains title for a purchaser the agent of the purchaser so that the purchaser would be charged with knowledge of the dealer which would prevent the purchaser from being a purchaser in good faith. Commercial Credit Corp. v. Associates Discount Corp., 246 Ark. 118, 436 S.W.2d 809 (1969).

Cited: Olin Mathieson Chem. Corp. v. Southwest Cas. Co., 149 F. Supp. 600 (W.D. Ark. 1957); In re Shiflet, 240 F. Supp. 183 (E.D. Ark. 1965); Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. 2008).

27-14-904. Transfers to dealers.

When the transferee of a used vehicle is a dealer who holds it for resale and lawfully operates it under dealers' number plates or does not drive the vehicle or permit it to be driven upon the highways, the dealer shall not be required to obtain a new registration for the vehicle or be required to forward the certificate of title to the Office of Motor Vehicle, but the dealer, upon transferring his or her title or interest to another person, shall execute and acknowledge an assignment and warranty of title upon the certificate of title and deliver it to the person to whom the transfer is made, except as provided in § 27-14-906.
No one in this state other than a dealer licensed by the Arkansas Motor Vehicle Commission as a dealer in new motor vehicles, shall enter an assignment, or reassignment, of ownership on a manufacturer's certificate of origin to a motor vehicle. Any dealer in this state not licensed by the commission as a dealer in new motor vehicles who acquires a motor vehicle through an assignment or reassignment of ownership on a manufacturer's certificate of origin shall deliver the manufacturer's certificate of origin to the office and apply for registration and issuance of a certificate of title to the motor vehicle as required by § 27-14-903. A first violation of this section by any person shall constitute a Class A misdemeanor. A second violation of this section by any person shall constitute a Class D felony. A licensed used motor vehicle dealer who violates the provisions of this section shall also be deemed to have violated the provisions of the Used Motor Vehicle Buyers Protection Act, § 23-112-601 et seq.

History. Acts 1949, No. 142, § 50; A.S.A. 1947, § 75-150; Acts 1989, No. 251, § 2; 1997, No. 998, § 1.

Case Notes

Cited: Commercial Credit Corp. v. Associates Discount Corp., 246 Ark. 118, 436 S.W.2d 809 (1969).

27-14-905. [Repealed.]

Publisher's Notes. This section, concerning notice of transfer, was repealed by Acts 1989, No. 251, § 3. The section was derived from Acts 1949, No. 142, § 53; 1971, No. 469, § 2; A.S.A. 1947, § 75-153.

27-14-906. Dealer and lienholder applications for registration and title certificates.

The Secretary of the Department of Finance and Administration may permit lienholders and motor vehicle dealers to make applications for registration and certificates of title and to furnish them to the Office of Motor Vehicle on behalf of the purchaser of a new or used motor vehicle.
The secretary shall promulgate reasonable rules to be complied with by motor vehicle dealers and lienholders in making application for registration and certificates of title on behalf of purchasers of new or used motor vehicles and may, if the secretary deems necessary, require the dealer or lienholder to post bond to ensure faithful compliance with the rules.
1. Any motor vehicle dealer or lienholder who has been authorized by the secretary to prepare applications for registration and certificates of title with respect to new or used motor vehicles shall transmit the applications to the secretary and shall attach thereto a copy of any conditional sales contract, conditional lease, chattel mortgage, or other lien or encumbrance or title retention instrument upon the motor vehicle.
2. Upon receipt of the documents under subdivision (c)(1) of this section, the secretary shall file a lien and encumbrance, as provided in § 27-14-801 et seq., which from the date of filing shall be notice of the lien or encumbrance.
On issuing the registration and certificate of title, the secretary shall mail the registration to the owner and the title to the lienholder, or to the owner if no lien exists.
If the failure of a motor vehicle dealer or other lienholder to comply with the provisions of § 27-14-802 or § 27-14-806 results in the motor vehicle dealer or lienholder holding an unperfected security interest in the motor vehicle, no action shall lie against the Department of Finance and Administration for any damages resulting from the failure to perfect a security interest.

History. Acts 1949, No. 142, § 53; 1971, No. 469, § 2; A.S.A. 1947, § 75-153; Acts 1989, No. 251, § 1; 1991, No. 293, § 1; 2017, No. 448, § 13; 2019, No. 910, § 4533.

Amendments. The 2017 amendment substituted “director” for “commissioner” throughout the section; substituted “The Director of the Department of Finance and Administration may” for “The Commissioner of Motor Vehicles is authorized to” in (a); in (b), deleted “and regulations” following “rules” two times, and substituted “the director deems” for “he or she deems it”; substituted “of the documents under subdivision (c)(1) of this section” for “thereof” in (c)(2); and made stylistic changes.

Case Notes

In General.

Fact that debtor failed to take proper steps to obtain a new certificate of title for vehicle that listed creditor as lienholder did not entitle creditor to an equitable lien; Arkansas law allowed creditor to apply for a title on behalf of debtor and, thus, creditor had the means to protect its interests but failed to do so. In re Shelby, 313 B.R. 292 (Bankr. E.D. Ark. 2004).

27-14-907. Transfer by operation of law — Definition.

1. Whenever the title or interest of an owner in or to a registered vehicle shall pass to another by a method other than voluntary transfer, the registration of the vehicle shall expire, and the vehicle shall not be operated upon public streets or highways for more than thirty (30) days after the transfer date unless a valid registration plate is attached thereto.
2. In the event that title has become vested in the person holding a lien or encumbrance upon the vehicle, the person may apply to the Office of Motor Vehicle for, and obtain, special plates as may be issued under this chapter to dealers and may operate any repossessed vehicle under such special plates only for purposes of transporting it to a garage or warehouse or for purposes of demonstrating or selling it.
1. Upon any such transfer, the new owner may either secure a new registration and certificate of title, upon proper application and upon presentation of:
  1. The last certificate of title, if available;
  2. Evidence that the lien or encumbrance was previously recorded in the State of Arkansas or that the motor vehicle is physically present in the State of Arkansas; and
  3. Such instruments or documents of authority, or certified copies thereof, as may be sufficient or required by law to evidence or effect a transfer of title or interest in or to chattels in such case.
2. 1. If the motor vehicle to be registered was last registered in a jurisdiction other than Arkansas and if the name of the new owner as lienholder is not shown on the existing certificate of title, a certificate of title may not be issued to the new owner under this section. Instead, the new owner may secure a new registration and certificate of title only by obtaining an order issued by a court of competent jurisdiction directing the new registration and certificate of title.
  2. The provisions of subdivision (b)(2)(A) of this section do not apply to a motor vehicle that was last sold by a motor vehicle dealer licensed in Arkansas or another state to an Arkansas purchaser and the Arkansas purchaser failed to register the vehicle in this state. The lienholder of that vehicle may obtain a title under this section upon presentation of:
    1. The last certificate of title, if available;
    2. A copy of the instrument creating or evidencing the lien or encumbrance that reflects the name and address of the Arkansas resident purchaser of the motor vehicle; and
    3. Instruments or documents of authority, or copies thereof, as may be sufficient or required by law to evidence or effect a transfer of title or interest in or to the motor vehicle.
3. 1. The provisions of subdivision (b)(2)(A) of this section do not apply to a motor vehicle to be sold by an auto auction if:
    1. The auto auction is located in Arkansas; and
    2. The auto auction has a written agreement with the repossessing lienholder to sell repossessed motor vehicles at the auto auction.
  2. The exception provided under subdivision (b)(3)(A) of this section shall not apply unless the repossessing lienholder submitted along with the application for registration for the motor vehicle an affidavit, on a form prescribed by the office, affirming that the motor vehicle would be offered for sale by the auto auction with whom the lienholder has made the agreement.
  3. For purposes of this section, “auto auction” means:
    1. A person who operates or provides a place of business or facilities for the wholesale exchange of motor vehicles by and between licensed motor vehicle dealers;
    2. A motor vehicle dealer licensed to sell used motor vehicles, or selling motor vehicles using an auction format but not on consignment; and
    3. A person who provides the facilities for or is in the business of selling motor vehicles in an auction format.
  4. The office may request information from the auto auction as necessary to verify the exception provided under subdivision (b)(3)(A) of this section.
4. The new owner, upon transferring his or her title or interest to another person, shall execute and acknowledge an assignment and warranty of title upon the certificate of title previously issued, if available, and deliver it, as well as the documents of authority or certified copies thereof, as may be sufficient or required by law to evidence the rights of the person, to the person to whom the transfer is made.
The Secretary of the Department of Finance and Administration shall have the power to adopt rules to establish what documents or evidence are required to verify that a lien or encumbrance holder or his or her assignee has complied with this section.

History. Acts 1949, No. 142, § 51; 1983, No. 252, § 3; A.S.A. 1947, § 75-151; Acts 1995, No. 268, § 2; 1999, No. 1307, § 2; 2005, No. 1175, § 1; 2015, No. 726, § 1; 2017, No. 448, § 14; 2019, No. 910, § 4534.

Amendments. The 2015 amendment inserted present (b)(2) and (b)(3), and redesignated former (b)(2) as (b)(4).

The 2017 amendment, in (c), substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and deleted “regulations or” preceding “rules”.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (c).

Research References

Ark. L. Rev.

Creditors' Provisional Remedies and Debtors' Due Process Rights: Statutory Liens in Arkansas, 32 Ark. L. Rev. 185.

Nickles, A Localized Treatise on Secured Transactions — Part II: Creating Security Interests, 34 Ark. L. Rev. 559.

Case Notes

Effect of Certificate on Security Interest.

It is the intention of the statutes to allow the security interest in a vehicle perfected in a state other than Arkansas by required notation on a certificate of title issued by that state to remain perfected in this state for a period of four months and so long thereafter as no certificate of title is issued by this state. Strick Corp. v. Eldo-Craft Boat Co., 479 F. Supp. 720 (W.D. Ark. 1979).

Cited: Commercial Credit Corp. v. Associates Discount Corp., 246 Ark. 118, 436 S.W.2d 809 (1969).

27-14-908. Assignment by lienholder.

Any person holding a lien or encumbrance upon a vehicle, other than a lien dependent solely upon possession, may assign his or her title or interest in or to the vehicle to a person other than the owner without the consent of the owner, and without affecting the interest of the owner or the registration of the vehicle, but in such event, he or she shall give to the owner a written notice of the assignment.
The Office of Motor Vehicle, upon receiving a certificate of title assigned by the holder of a lien or encumbrance shown thereon and giving the name and address of the assignee, shall issue a new certificate of title as upon an original application.

History. Acts 1949, No. 142, § 54; A.S.A. 1947, § 75-154.

Case Notes

Generally.

Uniform Commercial Code (UCC) adopted by the General Assembly and the commentary state that the language used in this section should be read as permissive and the overall scheme of the UCC should be followed if at all possible; the general rule under the UCC is that no further action need be taken to continue perfection when dealing with assignments. Reading the UCC and the Uniform Motor Vehicle Administration, Certificate of Title, and Antitheft Act, § 27-14-101 et seq, together, the U.S. Bankruptcy Court for the Eastern District of Arkansas cannot infer that the General Assembly meant that failure to comply with this section would result in an assigned lien in a motor vehicle being unperfected; Arkansas law does not require the assignee's name to appear on the certificate of title to maintain perfection of an existing lien in a vehicle. In re Johnson, 407 B.R. 364 (Bankr. E.D. Ark. 2009).

This section, which addresses assignments of vehicle liens, is not in subchapter 8 (§§ 27-14-801 — 27-14-807). This section is found in subchapter 9 which does not deal with or even mention the issue of perfection; rather, it gives a lien holder the right to assign a lien and requires the Office of Motor Vehicle to issue a new certificate of title upon receiving the assigned certificate of title. In re Johnson, 407 B.R. 364 (Bankr. E.D. Ark. 2009).

Where a creditor properly perfected its lien in a mobile home, an assignee of that lien need not take any further action for the lien to remain perfected under Arkansas law. Williams v. JP Morgan Chase Bank USA, N.A. (In re Granderson), — B.R. —, 2009 Bankr. LEXIS 3485 (Bankr. E.D. Ark. Nov. 4, 2009).

27-14-909. Release of lien by lienholder — Disclosure of information.

For purposes of this section, a lien or encumbrance is satisfied when the lienholder receives final payment under § 4-4-215.
1. Upon the satisfaction of any lien or encumbrance on a vehicle for which the certificate of title is in the possession of the lienholder, the lienholder shall within ten (10) business days after receipt of final payment under § 4-4-215 execute a release of the lien or encumbrance in the space provided in the certificate of title, or as the Office of Motor Vehicle prescribes, and mail or deliver the certificate of title and the release of lien or encumbrance to the next lienholder named in the certificate of title or, if none, to the owner or to any person who delivers to the lienholder an authorization from the owner to receive the certificate of title.
2. Upon the satisfaction of a lien or encumbrance on a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose lien or encumbrance is paid in full shall within ten (10) business days after receipt of final payment under § 4-4-215 execute a release of lien or encumbrance in the form the office prescribes and deliver the release of lien or encumbrance to the owner or to any person who delivers to the lienholder an authorization from the owner to receive it.
This section shall not be construed to apply to manufactured housing or mobile homes.
A lienholder named in a certificate of title shall upon written request of the owner or of another lienholder named on the certificate of title disclose any pertinent information as to his or her security agreement and the indebtedness secured.
1. Any lienholder who fails to comply with subsection (b) of this section shall pay to the person or persons satisfying the lien or encumbrance twenty-five dollars ($25.00) for the first five (5) business days after expiration of the time period prescribed in subsection (b) of this section, and the payment shall double for each five (5) days thereafter in which there is continued noncompliance, up to a maximum of five hundred dollars ($500) for each lien.
2. If delivery of the certificate of title is by mail, the delivery date is the date of the postmark for purposes of this subsection.

History. Acts 1949, No. 142, § 55; 1959, No. 307, § 10; A.S.A. 1947, § 75-155; Acts 1999, No. 1305, § 1; 2007, No. 589, § 1.

Cross References. Penalty for violation of this section, § 27-50-305.

Research References

Ark. L. Rev.

Leary and Sperling, The Outer Limits of Entrusting, 35 Ark. L. Rev. 50.

27-14-910. Reregistration — File.

The Office of Motor Vehicle, upon receipt of a properly endorsed certificate of title and proper application for registration accompanied by the required fee, and when satisfied as to the genuineness and regularity of the transfer and of the right of the transferee to a certificate of title, shall reregister the vehicle as upon a new registration in the name of the new owner and issue a new certificate of title as upon an original application.
The office shall retain and appropriately file every surrendered certificate of title, the file to be so maintained as to permit the tracing of title of the vehicle designated therein.

History. Acts 1949, No. 142, § 52; A.S.A. 1947, § 75-152.

27-14-911. Transferor not liable for negligent operation.

The owner of a motor vehicle who has made a bona fide sale or transfer of his or her title or interest and who has delivered possession of the vehicle to the purchaser or transferee shall not be liable for any damages thereafter resulting from negligent operation of the vehicle by another. Furthermore, the selling or transferring owner, upon delivery of possession, shall not be liable for any such damage or negligence if one (1) of the following requirements is fulfilled:

Delivered the certificate of title, properly endorsed and dated with the date of the endorsement, to the purchaser or transferee;
Delivered to the Office of Motor Vehicle or placed in the United States mail, addressed to the office, the notice as provided in § 27-14-916; or
Delivered to the office or placed in the United States mail, addressed to the office, the appropriate documents and fees for registration of the motor vehicle to the new owner pursuant to the sale or transfer.

History. Acts 1949, No. 142, § 57; A.S.A. 1947, § 75-157; Acts 2001, No. 450, § 1.

Case Notes

Jury Question.

Whether the driver who allegedly bought the car before a mishap or the alleged owner in whose name the car was registered at the time of the mishap is the true owner was properly submitted to the jury. Rook v. Moseley, 236 Ark. 290, 365 S.W.2d 718 (1963).

Cited: Bradley v. French, 297 Ark. 567, 764 S.W.2d 605 (1989).

27-14-912. Dismantling or wrecking vehicles.

Any owner dismantling or wrecking any registered vehicle shall immediately forward to the Office of Motor Vehicle the certificate of title, registration certificate, and the license plate last issued for the vehicle, if available.

History. Acts 1949, No. 142, § 58; 1981, No. 886, § 2; A.S.A. 1947, § 75-158.

27-14-913. Sale of motor vehicles to be dismantled, etc.

Any owner who sells a motor vehicle to be used as scrap or to be dismantled or destroyed shall assign a certificate of title thereto to the purchaser and shall deliver the certificate, as assigned, to the Office of Motor Vehicle with a notice that the vehicle is to be dismantled.
1. If the motor vehicle has been in existence for at least twenty-five (25) years and a certificate of title is not available, the purchaser shall deliver a bill of sale in lieu of the certificate of title to the office.
2. 1. The bill of sale shall identify the make, model, and serial number of the motor vehicle, and this information shall be verified by a municipal police officer's, sheriff's, or deputy sheriff's signature on the bill of sale.
  2. 1. The verifying law enforcement officer shall cause the bill of sale to be forwarded to the office, and for such service the city or county, as the case may be, shall receive a five dollar ($5.00) fee, which shall be placed in the city or county general fund.
    2. The office shall thereupon cancel the certificate of title to the motor vehicle and record the notice that the motor vehicle is to be dismantled, which shall authorize the person to possess or transport the motor vehicle or to transfer ownership thereto by endorsement on the bill of sale.
A certificate of title shall not again be issued for a vehicle for which a notice of intent to dismantle has been recorded, except upon certification within ninety (90) days of the date of filing, from the person filing the notice, that the notice of intent to dismantle was filed in error.
The term “motor vehicle”, as used in this section, shall not be applicable to any vehicle which meets each and every one of the following conditions:
1. Is so badly damaged or deteriorated as to be inoperable;
2. Is not equipped with parts and accessories which are essential to the operation of a motor vehicle;
3. Does not have a current license plate or plates;
4. Is over ten (10) years of age;
5. Is not equipped with a gas tank;
6. Is not equipped with tires; and
7. Has no value except as junk.

History. Acts 1949, No. 142, § 59; 1959, No. 307, § 8; 1981, No. 886, § 1; A.S.A. 1947, § 75-159; Acts 1997, No. 809, § 3; 2001, No. 328, § 1; 2013, No. 560, § 1.

Amendments. The 2013 amendment substituted “the motor vehicle has been in existence for at least twenty-five (25) years and a certificate of title is not available” for “the motor vehicle is at least ten (10) years old and no certificate of title is available” in (b)(1).

Cross References. Penalty for violation this section, § 27-50-305.

27-14-914. Transfer of license plates and registration from one vehicle to another.

1. When the owner of any motor vehicle, excepting Class One trucks and passenger automobiles other than buses, registered and licensed in this state, shall sell or transfer the motor vehicle or when the motor vehicle has been destroyed so as to be unfit for repair or further use, and the owner shall replace the vehicle with another motor vehicle requiring payment of the same registration or license fee, the owner may, at his or her election, transfer the license plate and registration of the vehicle being so disposed of to the vehicle acquired as a replacement thereof, upon payment to the Secretary of the Department of Finance and Administration of a transfer fee of ten dollars ($10.00) per vehicle.
2. If at the time of transfer the replacement vehicle shall require payment of a larger license fee than the vehicle transferred, the owner shall pay the difference in addition to the transfer fee.
3. The owner may elect not to transfer the registration and license plate, in which event the transfer of the vehicle shall be governed as provided by law.
The secretary shall provide suitable forms to enable owners electing to do so to transfer license plate or plates and registration and make payment of the fee provided in this section and shall be empowered to make reasonable rules governing these transfers.

History. Acts 1967, No. 134, §§ 1, 2; A.S.A. 1947, §§ 75-287, 75-288; Acts 2019, No. 315, § 3095; 2019, No. 910, §§ 4535, 4536.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (b).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1); and substituted “secretary” for “director” in (b).

27-14-915. Transfer of license on vehicles for hire.

When the owner of a vehicle licensed to operate for hire takes the vehicle out of the for-hire service, the Secretary of the Department of Finance and Administration, upon the payment of a transfer charge of two dollars ($2.00), will cause the license for the vehicle to be transferred to another vehicle for like use to be registered by the owner.
If the fee for registration and licensing the vehicle under registration is greater than that represented by the license to be transferred, then the secretary shall, in addition, collect an amount equal to the excess payable for the vehicle under registration.
No refund will be due in the event that the fee for registration and licensing the vehicle under registration is less than that represented by the license to be transferred.
1. Upon the transfer of a license, the secretary will cause to be cancelled all registrations on the vehicle taken out of for-hire service.
2. In the event the vehicle is thereafter used upon the highways of the State of Arkansas, the owner thereof must cause it to be reregistered in the usual manner.

History. Acts 1947, No. 416, §§ 1, 2; A.S.A. 1947, §§ 75-207, 75-208; Acts 2019, No. 910, §§ 4537, 4538.

27-14-916. Notice of sale or transfer.

Whenever the owner of a motor vehicle registered under this chapter sells or transfers title or interest in and delivers the possession of the motor vehicle to another person, the owner may notify the Office of Motor Vehicle of the sale or transfer.
The notice shall provide the following information:
1. The date of the sale or transfer;
2. The name and address of the owner and of the transferee;
3. The vehicle identification number; and
4. A description of the vehicle.
If the registered owner is not in possession of the motor vehicle that is sold or transferred, the person in physical possession of that motor vehicle may give the notice authorized by subsection (a) of this section. If the registered owner sells or transfers the vehicle through a motor vehicle dealer conducting an auto auction, the owner may furnish the information required by subsection (b) of this section to that dealer.

History. Acts 2001, No. 450, § 2.

27-14-917. Time requirements for payment of lien or encumbrance.

As used in this section:
1. “Customer” means a person who trades in or otherwise provides a vehicle to a motor vehicle dealer for resale;
2. “Motor vehicle dealer” means a motor vehicle dealer as defined in § 23-112-103 or a used motor vehicle dealer as defined in § 23-112-103; and
3. “Subsequent purchaser” means a person who buys the vehicle that was provided to the motor vehicle dealer as a trade-in or for resale by the customer.
1. If a motor vehicle dealer takes possession of a vehicle for purposes of resale and there is an outstanding lien or encumbrance on the vehicle, the motor vehicle dealer shall in good faith tender full payment on the outstanding lien or encumbrance within ten (10) business days after the motor vehicle dealer takes possession of the vehicle from the customer.
2. This time period may be shortened if the customer and the motor vehicle dealer agree to a shorter time period.
1. If the motor vehicle dealer fails to act in good faith in tendering full payment for the outstanding lien or encumbrance within ten (10) business days or within the time period agreed to by the motor vehicle dealer and the customer under subdivision (b)(2) of this section, the customer shall have an absolute right to cancel the contract for sale between the customer and the motor vehicle dealer.
2. If the contract for sale is cancelled pursuant to subdivision (c)(1) of this section, the motor vehicle dealer shall be responsible for late fees, finance charges, or any financial penalty that is required to be made by the customer as part of the existing lien or encumbrance.
If the motor vehicle dealer sells the vehicle to a subsequent purchaser without first tendering full payment for the outstanding lien or encumbrance, the subsequent purchaser who buys the vehicle subject to the existing lien or encumbrance shall have an absolute right to cancel the contract for sale between the subsequent purchaser and the motor vehicle dealer.

History. Acts 2009, No. 455, § 1.

Subchapter 10 — Permanent Automobile Licensing Act

A.C.R.C. Notes. References to “this subchapter” in §§ 27-14-1001 — 27-14-1020 may not apply to § 27-14-1021 which was enacted subsequently.

Effective Dates. Acts 1967, No. 465, § 26: Emergency clause failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present system of registration and licensing of motor vehicles is cumbersome, expensive, and time consuming; that each year thousands of dollars of tax monies are expended unnecessarily by the State of Arkansas for the salaries of the additional employees to process and issue licenses for motor vehicles; that a less expensive and more simplified system would substantially reduce the administrative cost of such system; that many people in this State desire personalized license plates and are willing to pay an additional fee to obtain such license plates and that this would increase the annual revenues of this State; that the Sixty-Sixth General Assembly has voted to extend the present Legislative Session without specifying a date for sine die adjournment thus, in effect, holding in abeyance all legislation not containing an emergency clause until ninety (90) days after the sine die adjournment of said Session; and that in order to institute an inexpensive, timesaving and simplified system of motor vehicle registration and licensing, and to make available to the State additional revenues without a general tax increase, it is necessary that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1968 (1st Ex. Sess.), No. 41, § 3: Feb. 20, 1968. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law providing for penalties for failure to register a motor vehicle with the Department of Revenues is based on the old system of registering said motor vehicles between January 1 and January 31; that under Act 465 of 1967, commonly known as the Permanent Automobile Licensing Act of 1967, a system was enacted to provide for the registration of motor vehicles during the entire year; that the Department of Revenues is now operating under the Permanent Automobile Licensing Act of 1967; and that in order to apply proper penalties to the Permanent Automobile Licensing Act of 1967, it is necessary that this act become effective immediately. Therefore, an emergency is hereby declared to exist, and this act, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1975, No. 691, § 3: Apr. 3, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that under the practice currently followed in registering vehicles, if a person purchases a vehicle and applies for registration thereof within the first fifteen (15) days of any month, the decals issued to such person for evidencing registration period are decals for the previous month, and as a result such person loses a portion of the annual registration fee; that it is in the best interest of the citizens of this State that the law be revised to provide that decals issued to a person to evidence the registration period of a vehicle be for the current month in which application is made for registration regardless of the day of the month in which application is made; that this Act is immediately necessary to insure that residents of this State will receive a full one (1) year registration for the annual registration fee paid on any vehicle and should be given effect immediately to accomplish this purpose. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1975 (Extended Sess., 1976), No. 1200, § 6: Feb. 11, 1976. Emergency clause provided: “It is hereby found and determined that it is essential to the industrial, commercial and economic well being of Arkansas communities served by railroad companies undergoing reorganization pursuant to the Federal Bankruptcy Act that these companies be authorized to continue full services to the affected communities pending final reorganization. Therefore, an emergency is hereby declared to exist and this Act, being necessary for the immediate preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1987, No. 1000, § 6: Apr. 14, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1200 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 1261, § 4: Jan. 1, 1994.

Acts 1997, No. 974, § 21: Jan. 1, 1998.

27-14-1001. Title.

This subchapter may be cited as the “Permanent Automobile Licensing Act of 1967”.

History. Acts 1967, No. 465, § 1; A.S.A. 1947, § 75-133.11.

27-14-1002. Definitions.

As used in this subchapter:
1. “Class One trucks” includes trucks of Class One as defined in § 27-14-601(a)(3), but excludes trailers and semitrailers of that class;
2. “Commercial motor vehicle” includes motor buses, motor buses in interstate or intrastate operations, trucks, tractors, trailers, and semitrailers of Class Two, Class Three, Class Four, Class Five, Class Six, Class Seven, and Class Eight, as provided in § 27-14-601(a)(3), and trailers and semitrailers in Class One of § 27-14-601(a)(3);
3. [Repealed.]
4. “Passenger motor vehicle” includes all other vehicles except as defined in subdivision (a)(2) of this section and except Class One trucks;
5. “Proper application” consists of a completed application form which meets all of the requirements relevant to securing a motor vehicle license, including the submission of proper fees within the required time; and
6. “Tab or decal” is an attachable material of such form and substance as the Secretary of the Department of Finance and Administration may prescribe by rule.
Other terms as used in this subchapter are used in accordance with the Motor Vehicle Code contained in this title.

History. Acts 1967, No. 465, § 2; A.S.A. 1947, § 75-133.12; Acts 2017, No. 448, § 15; 2019, No. 315, § 3096; 2019, No. 910, § 4539.

Publisher's Notes. Chapters 14 and 15 of this title may be considered as the “Motor Vehicle Code” of Arkansas.

Amendments. The 2017 amendment repealed (a)(3).

The 2019 amendment by No. 315 deleted “or regulation” following “rule” in (a)(6).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(6).

27-14-1003. Applicability.

All passenger motor vehicles and Class One trucks shall be subject to the provisions of this subchapter.

History. Acts 1967, No. 465, § 3; A.S.A. 1947, § 75-133.13.

27-14-1004. Penalties.

Any person failing to comply with the provisions of this subchapter by operating a passenger motor vehicle, as set forth and described in § 27-14-1002(a), or by operating a Class One truck, as set forth and described in § 27-14-1002(a), which is subject to registration under the laws of this state on any street, road, or highway in the State of Arkansas without having first registered the motor vehicle with the Office of Motor Vehicle, in the manner and within the period required by law or rules of the Secretary of the Department of Finance and Administration, shall be required to pay a penalty of three dollars ($3.00) for each ten (10) days, or fraction thereof, for which he or she fails properly to register the vehicle until the penalty reaches the same amount as the annual license fee of the vehicle to be registered.
No penalty shall be assessed if the owner or operator of a vehicle makes an affidavit to the effect that the vehicle has not been operated on any street, road, or highway in the State of Arkansas after the time set for registering the motor vehicle with the office.
If the affidavit shall be false, the making of the affidavit shall constitute a misdemeanor and shall be punishable by a fine of from two hundred fifty dollars ($250) to five hundred dollars ($500).

History. Acts 1967, No. 465, § 8; 1968 (1st Ex. Sess.), No. 41, § 1; A.S.A. 1947, § 75-133.18; Acts 2019, No. 315, § 3097; 2019, No. 910, § 4540.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (a).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

Case Notes

Cited: Gran v. Hale, 294 Ark. 563, 745 S.W.2d 129 (1988); Miller v. Leathers, 312 Ark. 522, 851 S.W.2d 421 (1993).

27-14-1005. Failure to affix or display license plates, etc.

The failure of the motor vehicle owner to affix and display the permanent license plates, the tab or decal, or the registration card, in the places designated by the Secretary of the Department of Finance and Administration, shall be a misdemeanor subject to the penalties provided by § 27-14-301.
The owner of a commercial motor vehicle registered with the International Registration Plan is not required to affix or display a tab or decal on a commercial motor vehicle's license plate.

History. Acts 1967, No. 465, § 19; A.S.A. 1947, § 75-133.29; Acts 2017, No. 532, § 8; 2019, No. 910, § 4541.

A.C.R.C. Notes. Acts 2017, No. 532, § 1, provided: “Legislative findings.

The General Assembly finds that:

Amendments. The 2017 amendment designated the existing language as (a); and added (b).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

Case Notes

Cited: Stufflebeam v. Harris, 521 F.3d 884 (8th Cir. 2008).

27-14-1006. Authority to issue permanent license plate subject to replacement.

The Secretary of the Department of Finance and Administration is authorized to issue to the owner of a vehicle subject to this subchapter a permanent license plate subject to replacement at the request of the owner because of theft, loss, wear, or mutilation, or at the discretion of either the Director of the Division of Arkansas State Police or the secretary.
Nothing in this section shall be construed as amending or altering § 27-14-602 or § 27-14-720.

History. Acts 1967, No. 465, § 4; A.S.A. 1947, § 75-133.14; Acts 2019, No. 910, § 4542.

27-14-1007. Issuance of license plate.

Upon registration, the owner of every vehicle of a type subject to the provisions of this subchapter shall receive a permanent license plate issued by the Secretary of the Department of Finance and Administration upon the payment of the fees required by law.

History. Acts 1967, No. 465, § 6; A.S.A. 1947, § 75-133.16; Acts 2019, No. 910, § 4543.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1008. Issuance of permanent reflectorized license plates.

1. The Secretary of the Department of Finance and Administration is authorized to issue permanent reflectorized license plates in such form as he or she shall prescribe.
2. These license plates shall be attached to motor vehicles in such manner as he or she shall prescribe.
3. Each reflectorized license plate so issued by the secretary shall have imprinted thereon a multicolor reflectorized graphic design or logo in such a manner and of such design as he or she shall prescribe which will promote tourism and improve public relations inside and outside the State of Arkansas.
No identical license plates shall be issued for more than one (1) vehicle.
All license plates that have been issued prior to the enactment of this section shall be replaced by the secretary with license plates that shall conform to this subchapter and be attached to motor vehicles during a replacement or recycle period beginning not earlier than January 1, 1980, nor later than January 31, 1981.

History. Acts 1967, No. 465, § 14; 1977, No. 367, § 1; 1979, No. 744, § 1; A.S.A. 1947, § 75-133.24; Acts 2019, No. 910, §§ 4544-4546.

27-14-1009. Issuance of special personalized license plate.

1. The Secretary of the Department of Finance and Administration shall provide for and issue a special personalized license plate for passenger motor vehicles.
2. The special personalized license plate shall be issued in lieu of the standard license plate for vehicles, upon application therefor and the payment of a fee of twenty-five dollars ($25.00) per year in addition to the regular registration fee prescribed for the vehicle to which the special plate is to be attached.
3. 1. The color of the background and color of the numbers or letters on the special personalized license plate shall be identical to the colors on the standard permanent plate issued.
  2. The secretary, in his or her discretion, may limit the number of characters or the context in which they appear on the license plate.
No identical special personalized license plate shall be issued for more than one (1) vehicle.
1. In the event the owner does not desire to renew his or her special personalized license plate, he or she shall surrender the special personalized license plate at the time of renewal of registration.
2. The willful failure or neglect thereof shall be a misdemeanor.
The secretary may adopt rules concerning the issuance of a special personalized license plate.

History. Acts 1967, No. 465, § 15; A.S.A. 1947, § 75-133.25; Acts 2019, No. 315, § 3098; 2019, No. 910, §§ 4547-4549.

Amendments. The 2019 amendment by No. 315 substituted “rules” for “regulations” in (d).

Cross References. Specific personalized license plates, §§ 27-15-101 et seq. and 27-24-101 et seq.

27-14-1010. Registration certificate.

The Secretary of the Department of Finance and Administration shall issue to each owner of a motor vehicle subject to this subchapter a registration certificate which must be kept in the motor vehicle in the place prescribed by the secretary.
The willful failure or neglect to comply with the provisions of this section shall be a misdemeanor.

History. Acts 1967, No. 465, § 21; A.S.A. 1947, § 75-133.31; Acts 2019, No. 910, § 4550.

27-14-1011. Registration on monthly-series basis — Renewal periods.

1. The Secretary of the Department of Finance and Administration shall establish a system of registration on a monthly-series basis to distribute the work of registering motor vehicles as uniformly as practicable throughout the twelve (12) months of the calendar year.
2. The secretary may set the number of renewal periods within the month from one (1) each month to one (1) each day of the month depending on which system is most economical and best accommodates the public.
If the secretary elects to use monthly renewal periods, when a person applies for the registration of a vehicle and the issuance of a permanent license plate, the decals issued by the secretary for attachment to the permanent license plates to evidence the registration period shall be decals for the current month in which application is made for registration, regardless of the day of the month on which application is made.
The secretary shall, upon request, assign to any owner of two (2) or more vehicles the same registration period.
Registration shall be valid for one (1) year from the date thereof and shall continue from year to year thereafter as long as renewed each year within the time required by law.
The secretary shall establish a system to allow owners to renew their motor vehicle registrations by facsimile machine and to charge their fees to credit cards. The secretary shall obtain a number of facsimile machines and publish the telephone numbers of these machines and make agreements with credit card companies so as to best accommodate the public.

History. Acts 1967, No. 465, § 5; 1975, No. 691, § 1; A.S.A. 1947, § 75-133.15; Acts 1991, No. 1005, § 1; 2019, No. 910, § 4551.

Case Notes

Cited: Miller v. Leathers, 312 Ark. 522, 851 S.W.2d 421 (1993).

27-14-1012. Applications for registrations or renewals.

1. An applicant may apply, in person or by mail, for the issuance of permanent license plates to the revenue office in the county where he or she resides or to the Secretary of the Department of Finance and Administration.
2. After the issuance of a permanent license plate, an applicant may apply for renewal by:
  1. Transmitting the required documents and the registration fee by mail to the applicant's local revenue office or to the secretary;
  2. Transmitting the required information electronically using the electronic online registration process provided by the Department of Finance and Administration and authorizing the registration fee to be charged to the applicant's credit card; or
  3. Providing the required information using the telephone registration process provided by the department and authorizing the registration fee to be charged to the applicant's credit card.
1. Not less than thirty (30) days before the expiration of the license, the secretary shall notify the owner of a registered motor vehicle subject to this subchapter.
2. The notice shall be sent by:
  1. Regular mail to the most recent address of the owner of the motor vehicle as the owner's name and address appear on the records of the Office of Motor Vehicle as the address provided at the last registration or reported as a change of address as required by § 27-14-1019; or
  2. Email to the email address provided to the secretary by the motor vehicle owner in connection with a consent to receive the annual motor vehicle registration renewal notice by email.
A proper application for registration or renewal by mail must be postmarked not later than fifteen (15) days before the date for renewal to allow time for processing.
The secretary is authorized to impose a first class postage fee for handling the issuance of all new licenses or renewals by mail and to impose an additional fee to recover any credit card fees charged by credit card companies.

History. Acts 1967, No. 465, § 16; A.S.A. 1947, § 75-133.26; Acts 1991, No. 1005, § 2; 1993, No. 1261, § 3; 1999, No. 461, § 2; 2011, No. 67, § 1; 2019, No. 910, §§ 4552-4556.

Amendments. The 2011 amendment substituted “to the revenue office” for “or renewal of license collector” in (a)(1); deleted “transmitting copies of the required documents by facsimile machine over the telephone lines and by authorizing the registration fee and any additional handling fee imposed to be charged to his or her credit card” in (a)(2); added (a)(2)(A) through (C); added (b)(2); deleted “at the last address of the owner of the motor vehicle as such owner's name and address appear on the records of the Office of Motor Vehicle, but the director is not required to go beyond the face of the last registration statement” at the end of (b)(1); and deleted (c)(2).

27-14-1013. Renewals of registration.

The owner of any permanent license plate issued by the Secretary of the Department of Finance and Administration may renew his or her registration:

In person or by mail at a county revenue office or with the secretary;
Electronically, using the electronic online registration process provided by the Department of Finance and Administration; or
By telephone, using the telephone registration process provided by the department.

History. Acts 1967, No. 465, § 7; A.S.A. 1947, § 75-133.17; Acts 1991, No. 1005, § 3; 2011, No. 67, § 2; 2019, No. 910, §§ 4557, 4558.

Amendments. The 2011 amendment subdivided part of the former paragraph as (1); added (2) and (3); and, in (1), deleted “or, where available, by facsimile machine transmission during any day from forty-five (45) days prior to the date on which his or her registration shall expire” following “or with the director” and deleted the last sentence.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in the introductory language; and substituted “secretary” for “director” in (1).

Case Notes

Cited: Miller v. Leathers, 312 Ark. 522, 851 S.W.2d 421 (1993).

27-14-1014. Application forms for renewals of registration.

1. The Secretary of the Department of Finance and Administration shall send application forms for all renewals of registration under this subchapter by:
  1. Regular mail sent to the most recent address of the owner of the motor vehicle as the owner's name and address appear on the records of the Office of Motor Vehicle; or
  2. Email sent to the address provided to the secretary by the motor vehicle owner in connection with a consent to receive the annual motor vehicle registration renewal notice and application forms by email.
2. The secretary shall not be required to go beyond the face of the last registration.
The failure of an owner to receive notice of expiration of his or her motor vehicle license shall not be construed as an extenuating circumstance for the failure of a motor vehicle owner to renew his or her license on time.

History. Acts 1967, No. 465, § 20; A.S.A. 1947, § 75-133.30; Acts 2011, No. 67, § 3; 2019, No. 910, §§ 4559-4561.

Amendments. The 2011 amendment, in (a)(1), substituted “shall send” for “shall mail” and “by” for “to the last address of the owner of the motor vehicle as the owner's name and address appear on the records of the Office of Motor Vehicle”; and added (a)(1)(A) and (B).

27-14-1015. Payment of personal property taxes and listing for assessment required.

The owner of every vehicle subject to registration in Arkansas shall assess the vehicle with the county tax assessor in the county where required by law and within the time required by law.
1. The county tax assessor and county tax collector shall provide to the Secretary of the Department of Finance and Administration updates to the state vehicle registration system to indicate whether or not the owner of each vehicle registered in the county has assessed the vehicle and owes no delinquent personal property taxes.
2. The provisions of this section shall not apply to vehicles assessed by the Tax Division of the Arkansas Public Service Commission and registered under the provisions of the International Registration Plan, nor shall the provisions of this section apply to vehicles owned by the state, public schools, or political subdivisions of this state or any other vehicles which are not subject to annual assessment and payment of personal property taxes.
3. The secretary shall provide free of charge to each county assessor and to each county collector in this state, such additional computer hardware, software, and telecommunications links as he or she deems are essential to allow the county assessors and collectors to electronically forward to the Department of Finance and Administration updates to the vehicle registration system for the purposes of adding, changing, or removing information identifying vehicles which have been assessed within the time frame required by law, and vehicles for which the owners have paid personal property taxes within the time frame required by law.
There is hereby levied a new fee of two dollars and fifty cents ($2.50) for the sale of each annual license plate validation decal for a motor vehicle. This new fee shall be collected by the secretary at the same time the vehicle registration fees imposed by § 27-14-601 are collected. However, this new decal fee shall be accounted for separately from the registration fee. The amount shall be mandatory and is collected for the purpose of extending to vehicle owners the additional services and conveniences of the options to renew vehicle registrations by telephone, electronically, by mail, or in person without requiring applicants to submit to the secretary proof of assessment and payment of personal property taxes.
1. One dollar and fifty cents ($1.50) of the amount collected by the secretary pursuant to subsection (c) of this section for each annual license plate validation decal shall not be deposited into the State Treasury but shall be remitted to the Arkansas Development Finance Authority.
2. One dollar ($1.00) of the amount collected by the secretary pursuant to subsection (c) of this section for each annual license plate validation decal shall be deposited into the State Treasury as direct revenues to the State Central Services Fund, there to be used by the Revenue Division of the Department of Finance and Administration in supporting those activities and programs which will facilitate extending to vehicle owners the additional services and conveniences of the options to renew vehicle registrations by telephone, electronically, by mail, or in person without requiring applicants to submit to the secretary proof of assessment and payment of personal property taxes or proof of automobile liability insurance coverage.
3. All amounts derived from the new fee imposed by subsection (c) of this section for the sale of annual license plate validation decals, whether held by the secretary or the authority, which are to be remitted to the authority shall be cash funds not subject to appropriation and shall be used and applied by the authority only as provided in § 22-3-1225. The fees charged for the annual license plate validation decal and paid to the authority pursuant to subdivision (d)(1) of this section shall not be reduced or otherwise impaired during the time that the fees are pledged by the authority to the repayment of any of the authority's bonds issued in accordance with § 22-3-1225.

History. Acts 1967, No. 465, §§ 10, 11; 1969, No. 42, §§ 1, 2; 1975 (Extended Sess., 1976), No. 1200, §§ 2, 3; A.S.A. 1947, §§ 75-133.20, 75-133.21; reen. Acts 1987, No. 1000, § 2; Acts 1991, No. 1005, § 4; 1993, No. 233, § 1; 1997, No. 974, § 4; 2019, No. 910, §§ 4562-4565.

Publisher's Notes. Acts 1975 (Extended Sess., 1976), No. 1200, § 1, as reenacted by Acts 1987, No. 1000, § 1, provided that the purpose of the act was to permit railroad companies undergoing reorganization pursuant to the Federal Bankruptcy Act provisions and continuing to operate in the State of Arkansas to license their motor vehicle fleets without proof of payment for any outstanding personal property taxes which were or might have been the subject of claims before any federal bankruptcy court.

Amendments. The 2019 amendment, in (b)(1), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and deleted the former second sentence; and substituted “secretary” for “director” throughout the section.

Case Notes

Constitutionality.

A state has the power to assist local agencies and subdivisions in the collection of local property taxes, and this section requiring proof of assessment and payment of taxes on personal property as a condition to obtaining license for use of motor vehicle does not violate the due process clause of U.S. Const. Amend. 14 or Ark. Const. Amend. 47. Earnhart v. Heath, 369 F. Supp. 259 (E.D. Ark. 1974).

Cited: Ark. County v. Burris, 308 Ark. 490, 825 S.W.2d 590 (1992).

27-14-1016. Other information required.

The Secretary of the Department of Finance and Administration may require such other information of applicants as he or she deems necessary for the proper licensing of motor vehicles and the proper maintenance of a motor vehicle register.

History. Acts 1967, No. 465, § 12; A.S.A. 1947, § 75-133.22; Acts 2019, No. 910, § 4566.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1017. Calculation of license fees.

For the purpose of calculating any license fees due, each major fraction of a dollar shall be treated as a whole dollar and each fraction of a dollar less than fifty cents (50¢) shall be disregarded.

History. Acts 1967, No. 465, § 9; A.S.A. 1947, § 75-133.19.

27-14-1018. Issuance of annual tab or decal.

In conjunction with the permanent license plate for a motor vehicle other than a commercial motor vehicle registered with the International Registration Plan, the Secretary of the Department of Finance and Administration shall issue a tab or decal annually or, when appropriate, to each qualified applicant as evidence of the annual payment of license fees.
A motor vehicle owner shall affix and display the tab or decal in such place as the secretary shall designate.

History. Acts 1967, No. 465, §§ 17, 18; A.S.A. 1947, §§ 75-133.27, 75-133.28; Acts 2017, No. 532, § 9; 2019, No. 910, § 4567.

A.C.R.C. Notes. Acts 2017, No. 532, § 1, provided: “Legislative findings.

The General Assembly finds that:

Amendments. The 2017 amendment inserted “for a motor vehicle other than a commercial motor vehicle registered with the International Registration Plan” in (a).

27-14-1019. Changes of address.

Every owner of a motor vehicle subject to this subchapter shall report to the Secretary of the Department of Finance and Administration any change of address from that listed when the vehicle was registered.
The willful failure or neglect of an owner to report the change of address shall be a misdemeanor and shall subject the owner to the penalties provided by § 27-14-301 and shall relieve the secretary of any obligation of notifying the owner of expiration of his or her motor vehicle license and registration.

History. Acts 1967, No. 465, § 13; A.S.A. 1947, § 75-133.23; Acts 2019, No. 910, § 4568.

27-14-1020. Rules.

The Secretary of the Department of Finance and Administration shall promulgate such reasonable rules and prescribe such forms as are necessary for the proper enforcement of this subchapter.

History. Acts 1967, No. 465, § 22; A.S.A. 1947, § 75-133.32; Acts 2019, No. 315, § 3099; 2019, No. 910, § 4569.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1021. Annual notification of requirements.

The Secretary of the Department of Finance and Administration shall send to each vehicle owner in this state the following information:
1. Notification of the requirement that each vehicle must be assessed and personal property taxes must be paid annually;
2. Notification of the procedure and time period for annual assessment of personal property;
3. Notification of the requirement that proof of liability insurance is required and must be maintained at all times in the vehicle; and
4. Notification of the penalties contained in Arkansas law for:
  1. Failure to assess the vehicle or pay personal property taxes due;
  2. Failure to maintain liability insurance coverage on the vehicle; and
  3. Operation of an unsafe vehicle.
The secretary may comply with the requirements set forth in subsection (a) of this section by including the information in the annual vehicle registration renewal notice sent to each vehicle owner by:
1. Regular mail; or
2. If the motor vehicle owner has given his or her consent, email.
The secretary shall also cause to be displayed, in conspicuous fashion, at each revenue office in this state, the information set forth in subsection (a) of this section.

History. Acts 1997, No. 974, § 17; 2011, No. 67, § 4; 2019, No. 910, §§ 4570-4572.

A.C.R.C. Notes. References to “this chapter” in subchapters 1-22 may not apply to this section which was enacted subsequently.

Amendments. The 2011 amendment, in the introductory language of (a), deleted “From and after January 1, 1998,” from the beginning and substituted “send” for “cause to be mailed”; added “by” at the end of the introductory language of (b); added (b)(1) and (2); inserted “be” in (c); and deleted (d).

Subchapter 11 — Special Personalized Prestige License Plates

Cross References. Specific personalized license plates, §§ 27-15-101 et seq. and 27-24-101 et seq.

Effective Dates. Acts 1979, No. 440, §§ 4, 7: July 1, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that existing highway user revenue sources do not provide for the adequate maintenance, repair, construction and reconstruction of state highways, county roads and city streets; that the motor vehicular traffic on the public highways and streets of this State makes it immediately necessary that additional funds be provided in order to finance adequate highway, road and street maintenance and construction programs; that the continued economic expansion and growth of this State will be jeopardized if an adequate system of public roads and streets is not provided; and that only by the immediate passage of this Act may such vitally needed additional funds be provided to solve the aforementioned problems. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect on and after July first of 1979.”

27-14-1101. Authority to issue for passenger cars.

The Secretary of the Department of Finance and Administration shall provide for and issue special personalized prestige license plates for passenger automobiles and motorcycles.
The special personalized prestige license plates shall be issued in addition to the regular license plates for the vehicles, upon application therefor and the payment of an annual fee of twenty-five dollars ($25.00) in addition to the regular registration fee prescribed for the vehicle to which the special personalized prestige license plate is to be attached.
No identical special personalized prestige license plates shall be issued for different vehicles for the same year.

History. Acts 1967, No. 194, § 1; 1979, No. 440, § 3; A.S.A. 1947, § 75-201.3; Acts 1989, No. 31, § 1; 2019, No. 910, § 4573.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-14-1102. Applications — Priority.

Any automobile owner or motorcycle owner desiring to obtain a special personalized prestige license plate for his or her automobile or motorcycle must make a new application each year and pay the additional fee prescribed in § 27-14-1101.
Once an automobile owner or motorcycle owner makes application for and obtains a special personalized prestige license plate for his or her automobile or motorcycle as provided in § 27-14-1101, the person shall have first priority on the combination of numbers or letters contained on the special personalized prestige license plate for each following year for which he or she makes proper and timely application therefor.

History. Acts 1967, No. 194, § 2; A.S.A. 1947, § 75-201.4; Acts 1989, No. 31, § 2.

27-14-1103. Design.

The color of the background and the color of the numbers or letters on the special personalized prestige license plates shall be identical to the colors on the regular license plates issued for the same year.

History. Acts 1967, No. 194, § 1; 1979, No. 440, § 3; A.S.A. 1947, § 75-201.3.

27-14-1104. Rules.

The Secretary of the Department of Finance and Administration is authorized to promulgate rules regarding the maximum and minimum number of letters, numbers, or symbols on special personalized prestige license plates issued under this subchapter.
The secretary may also promulgate such other rules as shall be deemed necessary or desirable for effectively carrying out the intent and purposes of this subchapter and the laws of this state relative to the regulation and licensing of motor vehicles.

History. Acts 1967, No. 194, § 3; A.S.A. 1947, § 75-201.5; Acts 2019, No. 315, § 3100; 2019, No. 910, § 4574.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in (a) and (b).

Subchapter 12 — Permanent Trailer Licensing Act of 1979

Effective Dates. Acts 1979, No. 671, § 28: Mar. 30, 1979. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present system of registration and licensing of small and medium size trailers is cumbersome, expensive, and time consuming; that each year thousands of dollars of tax moneys are expended unnecessarily by the State of Arkansas for the salaries of the additional employees to process and issue licenses for trailers; and that a less expensive and more simplified system would substantially reduce the administrative costs of such system and that in order to institute an inexpensive time saving and centralized system of trailer registration and licensing and to make available to this State additional revenues without a general tax increase, it is necessary that this act become effective immediately. Therefore, an emergency is hereby declared to exist and this act, being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1995, No. 517, § 22: May 1, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the boating safety laws of the State of Arkansas are in immediate need of revision, including, increased penalties for violation of the state's boating laws; providing capacity restrictions for loading passengers and cargo on vessels; providing penalties for negligent operation of vessels; providing restrictions for personal flotation devices; providing restrictions for vessel lighting after dark; and providing procedures for investigating boating accidents. Further, it is found that operation of vessels on the waters of the state under the current laws are creating unnecessary dangers to the life and property of the citizens of this state, and that increasing the penalties for this dangerous conduct and providing the stated restrictions for vessel operators will reduce the number of accidents and injuries to persons and property on the waters of the state. Therefore, an emergency is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after May 1, 1995.”

Acts 1997, No. 974, § 21: Jan. 1, 1998.

Acts 2001, No. 330, § 10: Jan. 1, 2002.

27-14-1201. Title.

This subchapter may be cited as the “Permanent Trailer Licensing Act of 1979”.

History. Acts 1979, No. 671, § 1; A.S.A. 1947, § 75-253.1.

27-14-1202. Definitions.

As used in this subchapter:
1. “Decal” means an attachable material of such form and substance as the Secretary of the Department of Finance and Administration may prescribe by rule;
2. [Repealed.]
3. “Proper application” means a completed application form which meets all of the requirements relevant to securing a trailer license, including the submission of proper fees within the required time; and
4. “Trailer” means utility trailers, horse trailers, dog trailers, and other small and medium-sized trailers having a gross loaded weight not in excess of six thousand pounds (6,000 lbs.).
Other terms as used in this subchapter are used in accordance with the Motor Vehicle Code.

History. Acts 1979, No. 671, § 2; A.S.A. 1947, § 75-253.2; Acts 2017, No. 448, § 16; 2019, No. 315, § 3101; 2019, No. 910, § 4575.

Publisher's Notes. For provisions of the “Motor Vehicle Code,” see Publisher's Notes to § 27-14-101.

Amendments. The 2017 amendment repealed (a)(2).

The 2019 amendment by No. 315 deleted “or regulation” following “rule” in (a)(1).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1).

27-14-1203. Applicability.

All trailers having a gross load not in excess of six thousand pounds (6,000 lbs.) shall be subject to the provisions of this subchapter.

History. Acts 1979, No. 671, § 3; A.S.A. 1947, § 75-253.3.

27-14-1204. Penalties.

Any owner of a trailer failing to comply with the provisions of this subchapter shall be subject to the penalties provided for in § 27-14-304.
The failure of the trailer owner to affix and display the permanent license plates, the tab or decal, or the registration card, in the places designated by the Secretary of the Department of Finance and Administration, shall be a misdemeanor subject to the penalties provided by § 27-14-301.

History. Acts 1979, No. 671, §§ 8, 18; A.S.A. 1947, §§ 75-253.8, 75-253.18; Acts 2015, No. 1158, § 1; 2019, No. 910, § 4576.

Publisher's Notes. Acts 1945, No. 221, § 3, referred to in subsection (a) of this section, is deemed to have been superseded by § 27-14-304.

Amendments. The 2015 amendment substituted “§ 27-14-304” for “Acts 1945, No. 221, § 3” in (a).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b).

27-14-1205. [Repealed.]

Publisher's Notes. This section, concerning registration on a monthly basis, was repealed by Acts 2001, No. 330, § 2. The section was derived from Acts 1979, No. 671, § 5; A.S.A. 1947, § 75-253.5; Acts 1995, No. 517, § 18.

27-14-1206. Time and place for registration or renewal.

An applicant may apply, in person or by mail, for the issuance of permanent license plates to the revenue collector in the county where he or she resides or to the Secretary of the Department of Finance and Administration.
Thirty (30) days before the expiration of a license, the secretary shall notify the owner of a registered trailer subject to this subchapter at the last address of the owner of the trailer as the owner's name and address appear on the records of the Office of Motor Vehicle, but the secretary is not required to go beyond the face of the last registration statement.
1. A proper application for registration or renewal of a registration by mail must be postmarked not later than fifteen (15) days before the date for renewal in order to allow time for processing.
2. The secretary is authorized to impose a first class postage fee for handling the issuance of all new licenses or renewals by mail.

History. Acts 1979, No. 671, § 15; A.S.A. 1947, § 75-253.15; Acts 2001, No. 330, § 3; 2019, No. 910, § 4577.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a); substituted “secretary” for “director” twice in (b), and once in (c)(2); and deleted “issued prior to January 1, 2002” following “license” in (b), and following the second occurrence of “registration” in (c)(1).

27-14-1207. Information required of applicant.

The Secretary of the Department of Finance and Administration may require such other information of applicants as he or she deems necessary for the proper licensing of trailers and the proper maintenance of a trailer register.

History. Acts 1979, No. 671, §§ 10, 12; A.S.A. 1947, §§ 75-253.10, 75-253.12; Acts 1997, No. 974, § 2; 2019, No. 910, § 4578.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1208. [Repealed.]

Publisher's Notes. This section, concerning proof of assessment and payment of personal property taxes, was repealed by Acts 1997, No. 974, § 3. The section was derived from Acts 1979, No. 671, § 11; A.S.A. 1947, § 75-253.11.

27-14-1209. Issuance of registration certificate.

The Secretary of the Department of Finance and Administration shall issue to each owner of a trailer subject to this subchapter a registration certificate, which must be kept in the place prescribed by the secretary.
The willful failure or neglect to comply with the provisions of this section shall be a misdemeanor.

History. Acts 1979, No. 671, § 20; A.S.A. 1947, § 75-253.20; Acts 2019, No. 910, § 4579.

27-14-1210. Fee.

Upon registration, the owner of every trailer of a type subject to the provisions of this subchapter shall receive a permanent license plate issued by the Secretary of the Department of Finance and Administration upon the payment of the fee set forth in § 27-14-601.
For the purpose of calculating any license fees due, each fraction of a dollar more than fifty cents (50¢) shall be treated as a whole dollar, and each fraction of a dollar less than fifty cents (50¢) shall be disregarded.

History. Acts 1979, No. 671, §§ 6, 9; A.S.A. 1947, §§ 75-253.6, 75-253.9; Acts 2001, No. 330, § 4; 2019, No. 910, § 4580.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-14-1211. Issuance of permanent plate.

The Secretary of the Department of Finance and Administration is authorized to issue to the owner of a trailer subject to this subchapter a permanent license plate, subject to replacement, upon payment of the fee set forth in § 27-14-601.
Nothing in this section shall be construed as amending or altering § 27-14-602 or § 27-14-720.

History. Acts 1979, No. 671, § 4; A.S.A. 1947, § 75-253.4; Acts 2001, No. 330, § 5; 2019, No. 910, § 4581.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

Cross References. Lost or damaged certificates or plates, § 27-14-720.

Registration fees, § 27-14-602.

27-14-1212. Issuance of reflectorized plates.

The Secretary of the Department of Finance and Administration is authorized to issue permanent reflectorized license plates in such form as he or she shall prescribe.
These license plates shall be attached to the trailer in such manner as he or she shall prescribe.
No identical license plates shall be issued for more than one (1) trailer.

History. Acts 1979, No. 671, § 14; A.S.A. 1947, § 75-253.14; Acts 2019, No. 910, § 4582.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-14-1213. Distribution of renewal applications.

The Secretary of the Department of Finance and Administration shall mail application forms for all renewals of registration under this subchapter issued prior to January 1, 2002, to the last address of the owner of the trailer as the owner's name and address appear on the records of the Office of Motor Vehicle.
The secretary shall not be required to go beyond the face of the last registration, and the failure of an owner to receive notice of expiration of his or her trailer license shall not be construed as an extenuating circumstance for the failure of a trailer owner to renew his or her license on time.

History. Acts 1979, No. 671, § 19; A.S.A. 1947, § 75-253.19; Acts 2001, No. 330, § 6; 2019, No. 910, § 4583.

27-14-1214. Renewal of registration.

The owner of any permanent license plate issued by the Secretary of the Department of Finance and Administration prior to January 1, 2002, may renew his or her registration, in person or by mail, at a county revenue office or with the secretary during any day from thirty (30) days prior to the date on which his or her registration shall expire.
Upon receiving notification by the secretary of his or her new permanent registration date, the applicant shall, within the time prescribed by the secretary, pay the fee set forth in § 27-14-601.

History. Acts 1979, No. 671, § 7; A.S.A. 1947, § 75-253.7; Acts 2001, No. 330, § 7; 2019, No. 910, § 4584.

27-14-1215. Issuance of tab or decal.

In conjunction with the permanent license plate, the Director of the Department of Finance and Administraion may issue a tab or decal as evidence of the payment of license fees.
The trailer owner shall affix and display the tab or decal in such place as the director shall designate.

History. Acts 1979, No. 671, §§ 16, 17; A.S.A. 1947, §§ 75-253.16, 75-253.17; Acts 2001, No. 330, § 8.

27-14-1216. Transfer of registration to another trailer.

Whenever the owner of a registered trailer transfers or assigns his or her title, or interest thereto, the registration of the trailer shall expire.
The owner shall remove the license plate and any plate sticker, metal tab, or decal therefrom and forward them to the Office of Motor Vehicle.

History. Acts 1979, No. 671, § 22; A.S.A. 1947, § 75-253.22; Acts 2001, No. 330, § 9.

27-14-1217. Report of change of address.

Every owner of a trailer subject to this subchapter shall report to the Secretary of the Department of Finance and Administration any change of address from that listed when the trailer was registered.
The willful failure or neglect of an owner to report a change of address shall:
1. Be a misdemeanor;
2. Subject the owner to the penalties provided by § 27-14-301; and
3. Relieve the secretary of any obligation of notifying the owner of expiration of his or her trailer license and registration.

History. Acts 1979, No. 671, § 13; A.S.A. 1947, § 75-253.13; Acts 2019, No. 910, §§ 4585, 4586.

27-14-1218. Rules.

The Secretary of the Department of Finance and Administration shall promulgate such reasonable rules and prescribe such forms as are necessary for the proper enforcement of this subchapter.

History. Acts 1979, No. 671, §§ 21, 25; A.S.A. 1947, § 75-253.21; Acts 2019, No. 315, § 3102; 2019, No. 910, § 4587.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Subchapter 13 — Trucks and Trailers

Effective Dates. Acts 1949, No. 235, § 12: Mar. 4, 1949. Emergency clause provided: “Whereas the condition of the State Highways in this State has deteriorated to such an extent that, the investment in, and use of, highway surfaces is in danger of being lost by reason of inadequate funds with which to repair same; that such deteriorated condition constitutes a menace and danger to the people of Arkansas, and retards and hinders the economic development of this State; and that, unless additional revenues are provided, or the existing laws strengthened in their enforcement provisions, in the manner set forth in this Act, the transportation facilities of this State will suffer irreparable injury and damage, and endanger the lives and well being of the citizens of this State. An emergency is declared to exist, and this Act being necessary for the immediate preservation of the public peace, health, and safety, the same shall take effect and be in force from and after its passage and approval.”

Acts 1975 (Extended Sess., 1976), No. 1179, § 4: Feb. 11, 1976. Emergency clause provided: “It is hereby found and determined by the Seventieth General Assembly, meeting in Extended Session, that the availability of commercial vehicle temporary tags will accrue great benefits to the citizens of the State of Arkansas and that such tags are not currently available. Now therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after the date of its passage and approval.”

Acts 1987, No. 589, § 4: Apr. 4, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the availability of commercial vehicle temporary tags will accrue great benefits to the citizens of the State of Arkansas and that such tags are not currently available. That this Act was previously passed by the Seventieth General Assembly as Act 1179 of 1975 and was amended by Act 440 of 1979 and could possibly be subject to a constitutional challenge under the recent Supreme Court of Arkansas decision in Ricarte vs. State, 717 S.W.2d 488 (1986). Now therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after the date of its passage and approval.”

Acts 1987, No. 992, § 4: Apr. 14, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1179 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

27-14-1301. Penalty.

Every person who violates or who procures, aids, or abets violation of any of the provisions of this subchapter and any person who refuses or fails to obey any order, decision, or rule made under or pursuant to this subchapter shall be deemed guilty of a misdemeanor.
Upon conviction, violators shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000) or by imprisonment for not more than three (3) months, or by both a fine and imprisonment.

History. Acts 1949, No. 235, § 9; A.S.A. 1947, § 75-259; Acts 2019, No. 315, § 3103.

Amendments. The 2019 amendment substituted “or rule” for “rule, or regulation” in (a).

27-14-1302. Load limits not affected.

Nothing in this subchapter shall repeal the right of the State Highway Commission to vary the load limit on any particular road at any particular time as conditions may warrant.

History. Acts 1949, No. 235, § 7; A.S.A. 1947, § 75-258.

27-14-1303. Administration.

The Secretary of the Department of Finance and Administration is authorized and directed to supply license plates to properly designate or identify the various classes of vehicles covered in this subchapter and to enforce this subchapter.

History. Acts 1949, No. 235, § 4; A.S.A. 1947, § 75-255; Acts 2019, No. 910, § 4588.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1304. Rules.

1. The Secretary of the Department of Finance and Administration shall promulgate rules and prescribe forms for the proper enforcement of this subchapter.
2. The rules and forms shall be dated and issued under a systematic method of numbering.
1. A complete file of all rules and forms shall be kept in the office of the secretary.
2. Copies of the rules and forms shall be made available to any person requesting them.

History. Acts 1949, No. 235, § 3; A.S.A. 1947, § 75-254; Acts 2019, No. 315, § 3104; 2019, No. 910, § 4589, 4590.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in (a)(1); and deleted “regulations” following “rules” in (a)(2) and throughout (b).

27-14-1305. Annual report.

Annually, on or before December 31 of each year, the Secretary of the Department of Finance and Administration shall make a report of his or her administration of this subchapter to the Governor.
The annual report shall include, among other things, facts and statistics relating to the effect of the administration of this subchapter upon all affected thereby.

History. Acts 1949, No. 235, § 6; A.S.A. 1947, § 75-257; Acts 2019, No. 910, § 4591.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-14-1306. Commercial vehicle temporary license plates.

1. The Chief Fiscal Officer of the State is authorized to design and issue commercial vehicle temporary license plates for use in cases where commercial operators desire to operate temporarily in this state for a period not to exceed seventy-two (72) hours.
2. These license plates shall not be valid in any event for more than seventy-two (72) hours.
3. These license plates shall be issued for a fee of thirty-three dollars ($33.00).
4. These license plates may be issued for a single unit of a tractor-trailer combination.
The Chief Fiscal Officer of the State is authorized to promulgate such rules as he or she deems necessary for the proper enforcement of this section.
This section is in no respect to be considered as a repeal of any of the motor vehicle laws already in effect, specifically §§ 27-14-1804 — 27-14-1806 and 27-14-2102. This section shall be construed as supplementary thereto.

History. Acts 1975 (Extended Sess., 1976), No. 1179, §§ 1-3; 1979, No. 440, § 2; A.S.A. 1947, §§ 75-293 — 75-293.2; reen. Acts 1987, No. 589, §§ 1-3; reen. 1987, No. 992, §§ 1-3; 2019, No. 315, § 3105.

A.C.R.C. Notes. This section was reenacted by Acts 1987, No. 589, §§ 1-3 and Acts 1987, No. 992, §§ 1-3. Acts 1987, No. 834, provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Amendments. The 2019 amendment deleted “and regulations” following “rules” in (b).

Cross References. Drive-out tags for nonresidents, § 27-14-2102.

Vehicles in transit to dealers, § 27-14-1801 et seq.

Subchapter 14 — Buses

Cross References. Buses converted to or equipped as campers, § 27-15-4001.

Preambles. Acts 1939, No. 115 contained a preamble which read:

“Whereas, it has become necessary for persons and companies operating streetcars in some of the cities and towns to replace the streetcars with motor buses in order to provide an adequate and necessary service, and in the future it will be required of such persons and companies to convert other streetcar lines into motor bus lines, in order to continue the operation of such transportation systems under their franchise; and

“Whereas, such persons and companies should pay a reasonable fee for the operation of such buses in lieu of streetcars which did not pay a license fee to the state; and

“Whereas, other motor vehicles pay a license fee to the state;

“Therefore … .”

Effective Dates. Acts 1939, No. 115, § 3: Feb. 22, 1939. Emergency clause provided: “It is recognized that in cities and towns adequate transportation systems are necessary for the accommodation of the public, and because of such necessities an emergency is declared to exist and this act being necessary for the immediate preservation of the public health, peace and safety shall take effect and be in full force and effect from and after its passage and approval.”

Acts 1941, No. 354, § 3: Mar. 26, 1941. Emergency clause provided: “The license fees now being charged for community or farm-to-market buses in this State being practically prohibitive, and the operation of the said community or farm-to-market buses being of great convenience to the rural people of this State, and being necessary for their comfort and health, an emergency is hereby declared to exist and this act shall be in force and effect from and after its passage and approval.”

Acts 1963, No. 548, § 3: Mar. 29, 1963. Emergency clause provided: “It is hereby found that economical mass transportation for the general public is essential to the public welfare, that the owners and/or operators of motor buses on designated streets according to regular schedules, under franchise from municipalities in this state, are in dire financial circumstances, thereby jeopardizing the efficient and economical mass transportation of the public; and that an emergency therefore is hereby declared to exist, and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-14-1401. Fees for registration and licensing of interstate motor buses.

The provisions of § 27-14-601 shall govern the fees for the registration and licensing of interstate motor buses.
For the purpose of determining the registration and licensing fees, an interstate motor bus shall be considered a motor truck.

History. Acts 1957, No. 206, § 1; A.S.A. 1947, § 75-276; Acts 1993, No. 404, § 1.

27-14-1402. Municipally franchised buses.

Where motor buses are operated on designated streets according to regular schedules, under franchise from any municipality in this state, the owners or operators of the motor buses shall pay to the state an annual motor vehicle and license fee of twenty dollars ($20.00) for each motor bus so operated.

History. Acts 1939, No. 115, § 1; 1963, No. 548, § 1; 1979, No. 440, § 2; A.S.A. 1947, § 75-206.

Case Notes

Trackless Trolleys.

Trackless trolleys are within the taxing provisions of this section. Morley v. Capitol Transp. Co., 217 Ark. 583, 232 S.W.2d 641 (1950).

27-14-1403. Community or farm-to-market buses — Definition.

As used in this section, “community or farm-to-market bus” means any bus operating under and by authority of the Arkansas Department of Transportation which is privileged to operate as a common carrier for hire within the State of Arkansas and which has a home office that is domiciled within this state, and where the privilege does not extend beyond the territory of fifty (50) miles for any operation, shall be termed a “community or farm-to-market bus”.
The annual license fee to be collected from the owners of community or farm-to-market buses operating under authority of the department for hire, whose operations do not extend beyond fifty (50) miles, shall be the sum of one hundred thirty dollars ($130).

History. Acts 1941, No. 354, §§ 1, 2; 1979, No. 440, § 2; A.S.A. 1947, §§ 75-209, 75-210; Acts 2017, No. 707, § 325.

Amendments. The 2017 amendment substituted “Department of Transportation” for “State Highway and Transportation Department” in (a).

27-14-1404. School buses owned by licensed facilities.

School buses owned by facilities licensed by the Department of Human Services shall not be subject to the registration and licensing fees prescribed by law.
The only fee for their licenses shall be a one dollar ($1.00) annual renewal fee.
The original license application and all renewals shall be accompanied by an affidavit signed by an official of the facility, indicating that the buses for which licenses are requested are either owned or exclusively leased by the facility and used exclusively in its functions.

History. Acts 1981, No. 441, § 1; A.S.A. 1947, § 75-201.18.

Subchapter 15 — Taxicabs

Effective Dates. Acts 1939, No. 177, § 2: Became law without Governor's signature, Mar. 6, 1939. Emergency clause provided: “It being ascertained and hereby declared that in certain cities subject to the provisions of this act the state, under existing laws for the collection of motor vehicle fuel tax, is being deprived of revenues that would otherwise be collected, and that immediate operation of this act is essential, an emergency is therefore declared to exist and this Act shall take effect and be in full force from and after its passage and approval.”

Acts 1989, No. 689, § 4: Mar. 20, 1989. Emergency clause provided: “It is hereby found and determined by the General Assembly that this act is necessary to correct a possible misconstruction of the law and to insurance continued taxicab service in Arkansas since the cost of insurance is driving operators out of business. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-14-1501. Liability insurance prerequisite to licensing.

No license shall be issued for any taxicab, automobile, or similar vehicle used for hire, nor shall these vehicles be operated or used in and upon the streets, roads, and highways of the State of Arkansas, within or without the corporate limits of any city or village, for the purpose of carrying passengers for hire unless there shall have been filed with the Secretary of the Department of Finance and Administration a liability contract of insurance, or certificates of insurance, issued to the owner of the vehicle, which shall be substantially in the form of the standard automobile liability insurance policy in customary use, to be approved by the secretary, and issued by an insurance company licensed to do business in the State of Arkansas.
The policy shall secure payment in accordance with the provisions thereof to any person except employees or joint venturers of the owner for personal injuries to that person and for any damage to property except property owned by, rented to, leased to, in charge of, or transported by the owner, other than baggage of passengers, caused by the operation of a taxicab, automobile, or similar vehicle used for hire for at least the minimum amounts prescribed for liability insurance under the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.
1. In lieu of the policy of insurance, an owner may file a bond by some solvent surety company licensed to do business in this state or may file a bond by suitable collateral.
2. 1. The bond or collateral shall be in the form approved by the secretary and shall be conditioned for the payment of property damage and personal injuries and shall be in an amount no less than fifty thousand dollars ($50,000) for all claims for the operator’s fleet, and uninsured motorist coverage shall not be required of the operators.
  2. If the bond or collateral becomes insufficient because of claims or any other reason, the operator shall have seven (7) days to restore it to the full amount or lose its bonded status.
In lieu of the policy of insurance or bond, an owner may provide self-insurance as authorized under § 27-19-107.
1. No policy of insurance may be cancelled by the licensee or by the insurance carrier unless written notice of the cancellation shall have been mailed to the secretary.
2. The written notice shall state the exact time and date of cancellation to be not less than seven (7) days from the date of mailing.
3. The mailing of notice shall be sufficient proof of notice, and the effective date of cancellation stated in the notice shall become the end of the policy period.
Any individual or corporation engaged in the operation of a taxicab, etc., as a common carrier of passengers for hire who violates this section or who procures, aids, or abets any individual or corporation in violating this section shall, upon conviction, be guilty of a Class B misdemeanor.
1. Notwithstanding any other provision of state law, any municipality in a county with a population in excess of two hundred thousand (200,000) that requires a franchise for taxicabs to operate within the corporate limits of the municipality may impose any insurance requirements desired by the municipality that shall be applicable to any taxicab that operates within the municipality.
2. If a municipality imposes such insurance requirements on its taxicabs, it shall be unlawful for any taxicab operator to operate a taxicab within the corporate limits of that municipality without meeting such insurance requirements. Any person found guilty or who pleads guilty or nolo contendere to a charge of violating this subsection shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
3. In addition to penalties that may be assessed against the taxicab operator, if the taxicab owner is a different person or entity, the owner shall be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
4. A municipality may, by ordinance, declare that an uninsured taxicab shall be subject to seizure and that a seized taxicab shall not be released until such insurance is in place.

History. Acts 1949, No. 485, §§ 1-3; 1961, No. 473, § 1; 1985, No. 969, § 1; A.S.A. 1947, §§ 75-203 — 75-205; Acts 1989, No. 689, § 1; 1997, No. 1223, § 1; 2003, No. 1152, §§ 1, 2; 2019, No. 910, §§ 4593-4595.

Case Notes

Construction.

This section is not superseded or repealed by the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.Yarbrough v. Checker Cab Co., 256 Ark. 314, 507 S.W.2d 105 (1974).

Bond.

This section requires one bond of $50,000 for each taxicab owner operating in this state, not a $50,000 bond on each taxicab. Commissioner of Revenue v. Black & White Cab Co., 290 Ark. 575, 720 S.W.2d 911 (1986).

Liability of Insurer.

Requirement that operator of taxicab have a standard automobile liability policy of insurance before a license can be issued for operation of taxicab does not prevent insurer from denying liability on judgment secured by injured party against insured where latter fails to give insurer notice of proceeding. Warren v. Commercial Std. Ins. Co., 219 Ark. 744, 244 S.W.2d 488 (1951).

Uninsured Motorists.

A taxicab owner operating unlawfully without fleet liability insurance became an uninsured motorist despite purported “self-insurer” status under § 27-19-107. Yarbrough v. Checker Cab Co., 256 Ark. 314, 507 S.W.2d 105 (1974).

27-14-1502. Operations in adjoining cities and towns separated by state line.

Where any person, firm, or corporation is engaged in a general taxicab business of transporting persons for hire in adjoining cities and incorporated towns which are separated by a state line, where the motor vehicles or taxicabs are operated in this state under a franchise contract or permit with the Arkansas city or town, where the motor vehicles or taxicabs are not operated on any of the roads or highways in this state outside of the corporate limits of the city or town, and where the motor vehicles or taxicabs shall pay to this state motor vehicle fuel tax, at the applicable rate as fixed by the law of this state, upon all of the motor vehicle fuel used in the operation of the motor vehicles or taxicabs, then the fee to be paid to this state for the registration and licensing of any motor vehicle or taxicab so used by any person, firm, or corporation shall not exceed the fee provided by law in the adjoining state for the motor vehicle or taxicab.
This section shall not apply to motor buses being operated in lieu of a streetcar system in adjoining cities or incorporated towns which are separated by a state line.

History. Acts 1939, No. 177, § 1; A.S.A. 1947, § 75-202.

Subchapter 16 — Manufactured Homes and Mobile Homes

27-14-1601. Definitions.

As used in this subchapter:

“Manufactured home” means a factory-built structure:
1. Produced in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.; and
2. Designed to be used as a dwelling unit; and
“Mobile home” means a structure:
1. Built in a factory before the enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq.; and
2. Designed to be used as a dwelling unit.

History. Acts 1973, No. 176, § 1; A.S.A. 1947, § 75-132.2; Acts 2001, No. 1118, § 1; 2005, No. 1991, § 6; 2009, No. 317, § 2.

Amendments. The 2009 amendment rewrote the section.

Case Notes

Cited: In re Frontier Mobile Home Sales, Inc., 635 F.2d 726 (8th Cir. 1980).

27-14-1602. Registration — Fee.

1. An owner of a manufactured home or a mobile home shall register the manufactured home or mobile home with the Office of Motor Vehicle for the purpose of receiving a certificate of title to the manufactured home or the mobile home or for any other purpose.
2. Subdivision (a)(1) of this section does not apply to:
  1. A manufactured home or mobile home for which a certificate of origin, original document of title, or existing document of title has been cancelled or surrendered under § 27-14-1603; or
  2. A manufactured home or mobile home held for sale or resale by a licensed retailer, financial institution, beneficiary, mortgagee or the mortgagee's attorney-in-fact or trustee, or other holder in due course.
A certificate of title shall be issued upon the payment of a registration fee of twenty-six dollars ($26.00) and a title fee of ten dollars ($10.00).

History. Acts 1973, No. 176, § 2; 1979, No. 440, § 2; A.S.A. 1947, § 75-132.1; Acts 2001, No. 1118, § 2; 2005, No. 1991, § 7; 2013, No. 592, § 1; 2017, No. 384, § 1.

Amendments. The 2013 amendment rewrote (b).

The 2017 amendment redesignated former (a) as (a)(1); deleted “be permitted to” following “shall” in (a)(1); and added (a)(2).

Case Notes

Cited: Rex Fin. Corp. v. Marshall, 406 F. Supp. 567 (W.D. Ark. 1976).

27-14-1603. Cancellation of title.

If a manufactured home or a mobile home is to be affixed to real estate, the manufacturer's certificate of origin or the original document of title may be surrendered to the Department of Finance and Administration for cancellation.
The department shall cancel a certificate of origin or the original document of title to a manufactured home or mobile home upon receipt of:
1. The original manufacturer's certificate of origin or the original document of title showing an assignment of the manufactured home or mobile home to the party that will affix the manufactured home or mobile home to the real estate;
2. An application for cancellation of the manufacturer's certificate of origin or the original document of title; and
3. 1. A copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed.
  2. The affidavit of affixation shall include:
    1. The name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home or mobile home;
    2. A statement that the party executing the affidavit of affixation is:
      1. The owner of the real estate described in the affidavit of affixation; or
      2. Authorized by the owner of the real estate described in the affidavit to execute the affidavit of affixation on the owner's behalf;
    3. The street address and the legal description of the real estate to which the manufactured home or mobile home is or shall be permanently affixed; and
    4. One (1) of the following statements and applicable information:
      1. If the manufactured home or mobile home is subject to a security interest or lien:
        
        The name and address of each party holding a security interest or lien whether shown on a certificate of title issued by the department or otherwise perfected;
        
        The original principal amount secured by each security interest or lien; and
        
        A statement that each security interest or lien shall be released that attaches proof of the commitment to release the security interest or lien executed by the holder of the security interest or lien; or
      2. A statement that if a security interest or lien on the manufactured home or mobile home previously existed, the security interest or lien has been released that attaches proof of the release executed by the holder of the security interest or lien.
      3. The department shall also cancel an existing title or manufacturer's certificate of origin to any manufactured home or mobile home to be affixed to real estate if the owner affixing the home:
        
        Presents a court order directing the department to issue a title for cancellation, an application for cancellation of title or manufacturer's certificate of origin, and a copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed; or
        
        Follows the bonded title procedure of this state under § 27-14-409(c) and submits an application for cancellation of title or manufacturer's certificate of origin and a copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed.
      4. The Secretary of the Department of Finance and Administration may promulgate rules to administer this section.

History. Acts 2001, No. 1118, § 3; 2005, No. 1991, § 3; 2013, No. 592, § 2; 2019, No. 910, § 4596.

Amendments. The 2013 amendment rewrote the section.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (d).

27-14-1604. Issuance of new title in the event of severance — Definitions.

As used in this section:
1. “Lender applicant” means an individual or entity that intends to sever a manufactured home or mobile home from the real estate to which it is affixed and is a lender that holds a lien, security interest, or encumbrance against the manufactured home or mobile home for which a title has been cancelled under § 27-14-1603; and
2. “Owner applicant” means an individual or entity that intends to sever a manufactured home or mobile home from the real estate to which it is affixed and is the owner or purchaser of the manufactured home or mobile home.
The Department of Finance and Administration shall issue a new certificate of title for a manufactured home or mobile home to be severed from the real estate to which it is affixed upon receipt of the following from a lender applicant or an owner applicant:
1. A completed application for title accompanied by payment of a registration fee of twenty-six dollars ($26.00) and a title fee of ten dollars ($10.00);
2. Proof of payment of the current year's property taxes, if any;
3. The following information:
  1. A statement from:
    1. The owner applicant that there are no liens, security interests, or encumbrances upon the manufactured home or mobile home; or
    2. The lender applicant that there are no liens, security interests, or encumbrances upon the manufactured home or mobile home other than that of the lender applicant; and
  2. A statement from an attorney licensed to practice law in Arkansas or a title insurance agent licensed in Arkansas that the manufactured home or mobile home is free and clear of, or has been released from, all recorded liens, security interests, or encumbrances other than that of a lender applicant;
4. 1. A copy of an affidavit of severance to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home was affixed.
  2. The affidavit of severance shall include the name, residence, and mailing address of the applicant and a description of the manufactured home or mobile home, including without limitation the name of the manufacturer, make, model name, model year, dimensions, and the manufacturer's serial number of the manufactured home or mobile home; and
5. Relevant supporting documents and recording information concerning a lien, security interest, or encumbrance upon the manufactured home or mobile home if requested by the department.
The department shall record the lien of a lender applicant on the certificate of title to be issued under this section upon receipt of a copy of the instrument creating and evidencing the lien as required under § 27-14-802.
The department shall also issue a new certificate of title for a manufactured home or mobile home to be severed from the real estate to which it is affixed if the applicant:
1. Presents a court order directing the department to issue a new title and submits an application for issuance of a new certificate of title or manufacturer's certificate of origin and a copy of an affidavit of severance to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed; or
2. Follows the bonded title procedure under § 27-14-409(c), and submits an application for cancellation of title or manufacturer's certificate of origin and a copy of an affidavit of affixation to be recorded under § 14-15-402 in the county in which the manufactured home or mobile home is to be affixed.
The Secretary of the Department of Finance and Administration may promulgate rules to implement and administer this section.

History. Acts 2013, No. 592, § 3; 2019, No. 910, § 4597.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (e).

Subchapter 17 — License Plates for Manufacturers, Transporters, and Dealers

Effective Dates. Acts 2005, No. 1929, § 6: Effective Jan. 1, 2006.

Acts 2009, No. 484, § 8, July 1, 2010.

Acts 2009, No. 756, § 25: Apr. 1, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that motor vehicle dealers are experiencing economic difficulties related to the state of the national economy and the motor vehicle industry in particular; that an unprecedented number of motor vehicle dealers may terminate their franchises as a result of these economic conditions; and that this act is immediately necessary to assist dealers that are facing possible termination of their franchise. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2011, No. 351, § 6: July 1, 2011. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the changes in this act are necessary regarding the placement of temporary buyer's tags to provide for better law enforcement; that clarification is necessary to include motorcycle dealers, motor-driven cycle dealers, and motor home dealers under the definition of dealer; and that this act is necessary to ensure that motor vehicles on the roads are properly tagged after purchase. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2011.”

Acts 2013, No. 747, § 3: Apr. 4, 2013. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act is necessary to ensure that motor vehicles on the road are properly tagged after purchase; and that this act should become effective as soon as possible to promote the safety of the public when operating motor vehicles. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 705, § 5: Oct. 1, 2015. Effective date clause provided: “Sections 1 through 4 of this act are effective on the first day of the calendar quarter following the effective date of this act.”

Acts 2017, No. 1119, § 4: Nov. 13, 2017.

27-14-1701. Operation of vehicles under special plates.

A manufacturer or dealer owning any vehicle of a type otherwise required to be registered under this chapter may operate or move it upon the highways solely for purposes of transporting it without registering each vehicle, upon condition that any such vehicle display a special plate or temporary preprinted paper tag and any correlating stickers that are to be placed on the preprinted paper tag issued to the owner as provided in this subchapter.
1. A transporter may operate or move any vehicle of like type upon the highways solely for the purpose of delivery, upon displaying a special plate issued to him or her as provided in § 27-14-1806.
2. The transporter shall submit proof of his or her status as a bona fide transporter as may reasonably be required by the Office of Motor Vehicle.
The provisions of this subchapter shall not apply to work or service vehicles owned by a manufacturer, transporter, or dealer.
1. The Secretary of the Department of Finance and Administration shall provide the specifications, form, and color of the special temporary preprinted paper tag and any correlating stickers that are to be placed on the preprinted paper tag required under this section.
2. 1. Temporary preprinted paper tags issued to manufacturers or dealers for transport purposes shall have the following information printed on them:
    1. The date of expiration;
    2. The vehicle year, make, and model;
    3. The vehicle identification number;
    4. The name of the issuing dealer; and
    5. Other information that may be required by the office.
  2. In addition, the expiration date of the preprinted paper tag shall be shown in ink on the tag in a place to be determined by the office.
  3. The expiration date shall be covered by a sticker for added security.
In addition to any other penalty prescribed by this chapter, a dealer, manager, sales manager, or salesperson of the dealer, or manufacturer who pleads guilty or nolo contendere to or is found guilty of the misuse of a special temporary preprinted paper tag and any correlating stickers that are to be placed on the tag and issued under this section or of allowing anyone else to misuse a special temporary preprinted paper tag, and the correlating stickers that are to be placed on the tag shall be fined not more than:
1. Two hundred fifty dollars ($250) for the first offense;
2. Five hundred dollars ($500) for the second offense; and
3. One thousand dollars ($1,000) for the third offense and subsequent offenses.

History. Acts 1949, No. 142, § 62; A.S.A. 1947, § 75-162; Acts 2005, No. 1929, § 2; 2009, No. 484, § 2; 2019, No. 910, § 4598.

Amendments. The 2009 amendment substituted “preprinted paper tag and any correlating stickers that are to be placed on the preprinted paper tag” for “cardboard tag” in four places; inserted (b)(2), redesignated the remaining text accordingly, and substituted “§ 27-14-1806” for “this subchapter” in (b)(1); inserted (d)(2) and redesignated the remaining text; subdivided (e), substituted “Five” for “not more than five” in (e)(2), and substituted “One thousand” for “and not more than one thousand” in (e)(3); and made related and minor stylistic changes.

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (d)(1).

27-14-1702. Application for and issuance of certificates and special plates.

1. A manufacturer or dealer may make application to the Office of Motor Vehicle, upon the appropriate form, for a certificate containing a general distinguishing number and for one (1) or more pairs of special plates, single special plates, or special temporary preprinted paper tags, as appropriate, subject to §§ 27-14-1701 and 27-14-1704, to various types of vehicles subject to registration under this chapter.
2. The applicant shall also submit proof of his or her status as a bona fide manufacturer or dealer, as required by the office.
1. The office, upon granting the application for one (1) or more pairs of special plates or single special plates, shall issue to the applicant a certificate containing the applicant's name and address and the general distinguishing number assigned to the applicant.
2. A certificate containing the applicant's name and address and the general distinguishing number assigned to the applicant is not required to be issued upon granting an application for one (1) or more special temporary preprinted paper tags.
1. The office shall also issue a special plate, plates, or special temporary preprinted paper tags as applied for, which shall have displayed thereon the general distinguishing number assigned to the applicant.
2. Each plate, pair of plates, or special temporary preprinted paper tags issued shall also contain a number or symbol identifying it or them from every other plate, pair of plates, or special temporary preprinted paper tags bearing the same general distinguishing number.

History. Acts 1949, No. 142, § 63; A.S.A. 1947, § 75-163; Acts 2005, No. 1929, § 3; 2009, No. 484, § 3.

Amendments. The 2009 amendment substituted “preprinted paper” for “cardboard” throughout the section; subdivided (a) and deleted “transporter” following “manufacturer” in (a)(1) and (a)(2); inserted (b)(2), redesignated the remaining text accordingly, and inserted “for one (1) or more pairs of special plates or single special plates” in (b)(1); and made related and minor stylistic changes.

27-14-1703. Expiration of special plates.

1. Every special plate, excluding temporary preprinted paper tags, issued under this subchapter shall expire at 12:00 midnight on December 31 of each year unless the Secretary of the Department of Finance and Administration provides by rule a staggered method of annual expiration.
2. A new plate for the ensuing year may be obtained by the person to whom any such expired plate was issued, upon application to the Office of Motor Vehicle and payment of the fee provided by law.
In lieu of providing a new special plate upon the expiration of the special plate issued under this subchapter, the secretary may by rule provide for the issuance of permanent special plates that are renewed using an alternate method.

History. Acts 1949, No. 142, § 64; A.S.A. 1947, § 75-164; Acts 2005, No. 661, § 1; 2009, No. 484, § 4; 2017, No. 448, § 17; 2019, No. 910, §§ 4599, 4600.

Amendments. The 2009 amendment inserted “excluding temporary preprinted paper tags” in (a)(1), and made related changes.

The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in (a)(1); and substituted “director” for “commissioner” in (b).

27-14-1704. Dealer's extra license plates.

Each dealer as defined in § 27-14-601(a)(6) shall furnish the Secretary of the Department of Finance and Administration with a list of each manager, sales manager, and salesperson authorized to operate a motor vehicle to which a dealer's extra license plate issued to the dealer has been or will be attached:
1. Upon initial application for dealer's extra license plates as provided in § 27-14-1702; and
2. Upon renewal of dealer's extra license plates as provided in § 27-14-1703.
The dealer's extra license plate may be used only by the dealer, manager, or salesperson of the dealer and only for the following purposes:
1. To drive to and from work;
2. For business or personal trips inside or outside the dealer's county of residence;
3. To transport the vehicle; or
4. To demonstrate the vehicle.
Neither the dealer's extra license plate issued under this section nor the dealer's master plate issued under § 27-14-601(a)(6) shall be used for purposes of allowing a prospective buyer to test drive a vehicle unless the dealer, manager, or salesperson of the dealer is present in the vehicle.
In addition to any other penalty prescribed by this chapter, any dealer, manager, salesperson, or employee of a dealer who pleads guilty or nolo contendere to or who is found guilty of the misuse of a dealer's extra license plate or dealer's master plate or of allowing anyone else to misuse a dealer's extra license plate or dealer's master plate shall be fined not more than two hundred fifty dollars ($250) for the first offense, not more than five hundred dollars ($500) for the second offense, and not more than one thousand dollars ($1,000) for the third and subsequent offenses.
1. 1. In addition to any other penalty prescribed by this chapter, the secretary may suspend some or all dealer's extra license plates issued to a dealer if the secretary determines that the dealer or any manager, sales manager, or salesperson of the dealer either misused a dealer's extra license plate or allowed the use of a dealer's extra license plate by a person who is not authorized by this section to use a dealer's extra license plate.
  2. A suspension of the dealer's extra license plates under this section does not require that the dealer's master license plate be suspended.
  3. The secretary shall:
    1. Notify the dealer in writing of a suspension of the dealer's extra license plates that is authorized under this section; and
    2. Provide information regarding the misuse or unauthorized use upon which the suspension was based in the notice.
  4. The dealer's extra license plates shall be suspended for:
    1. Six (6) months for the first misuse or unauthorized use of the dealer's extra license plates; or
    2. One (1) year for any subsequent misuse or unauthorized use.
2. 1. Any dealer who desires a hearing on the suspension shall notify the secretary in writing within twenty (20) days after receipt of the notice of suspension.
  2. A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration in the county of the dealer's principal place of business, unless the secretary and the dealer agree to another location for the hearing or agree that the hearing shall be held by telephone.
  3. Hearings conducted under this section shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  4. The hearing officer shall render his or her decision in writing to modify, reverse, or affirm the suspension of the dealer's extra license plates based upon the evidence presented at the hearing and shall serve a copy of the decision on the dealer.
3. 1. 1. If the decision sustains, in whole or in part, the suspension of the dealer's extra license plates, the dealer may file suit within thirty (30) days of receipt of the decision in the Pulaski County Circuit Court or the circuit court of the county of the dealer's principal place of business.
    2. The dealer shall serve a copy of the petition on the secretary.
    3. The appeal will not operate as a stay of the order of suspension that will remain in effect and be terminated only in the event a decision reversing the suspension is issued by the circuit court.
  2. An appeal from the circuit court shall be in accordance with the laws governing appeals.

History. Acts 2005, No. 1929, § 4; 2011, No. 606, § 1; 2019, No. 910, §§ 4601-4605.

Amendments. The 2011 amendment added (e).

27-14-1705. Temporary preprinted paper buyer's tags.

1. 1. A person who buys a motor vehicle from a licensed dealer shall be required to obtain one (1) temporary preprinted paper buyer's tag for the vehicle and any correlating sticker that is to be placed on the tag.
  2. The preprinted paper buyer's tag may be issued by an approved licensed dealer, vendor, or the Office of Motor Vehicle.
2. 1. A person who buys a motor vehicle from a licensed dealer that cannot issue temporary preprinted paper buyer's tags shall:
    1. Obtain the preprinted paper buyer's tag and sticker within ten (10) calendar days after the date of purchase of the vehicle from an approved vendor or the Office of Motor Vehicle;
    2. Provide to the vendor or the Office of Motor Vehicle a copy of the bill of sale or other documentation necessary to verify the dealer's name, the buyer's name, the date of sale, the motor vehicle's vehicle identification number, and the make, color, and model of the vehicle; and
    3. Maintain a copy of the bill of sale for the motor vehicle in the vehicle until the buyer obtains the preprinted paper buyer's tag and sticker.
  2. A person who fails to obtain a preprinted paper buyer's tag and sticker within ten (10) calendar days of the date of purchase of the vehicle is subject to the fines in this section.
1. The temporary preprinted paper buyer's tag is valid for the operation of the vehicle until the earlier of:
  1. The date on which the vehicle is registered; or
  2. The thirtieth calendar day after the date of purchase.
2. 1. If the date that a transferee of a motor vehicle must register the vehicle is extended under § 27-14-903(a)(2), the dealer may issue one (1) additional temporary preprinted paper buyer's tag and sticker to the transferee, to expire thirty (30) calendar days from the date that the additional temporary preprinted paper buyer's tag was issued.
  2. 1. If the dealer cannot issue preprinted paper buyer's tags, the transferee may obtain a temporary preprinted paper buyer's tag from the Office of Motor Vehicle.
    2. The additional preprinted paper buyer's tag expires thirty (30) calendar days from the date the additional tag was issued.
    3. The vehicle year, make, and model;
    4. The vehicle identification number;
    5. The name of the issuing dealer; and
    6. Other information required by the Office of Motor Vehicle.
1. 1. The following information shall be printed by the dealer, the vendor, or the Office of Motor Vehicle on the face of the temporary preprinted paper buyer's tags:
  2. The expiration date of the preprinted paper buyer's tag shall be shown in ink on the preprinted paper buyer's tag in a place to be determined by the Office of Motor Vehicle, and the date shall be covered by a sticker for added security.
2. A dealer that issues a temporary preprinted paper buyer's tag shall indicate on the bill of sale that a temporary preprinted paper buyer's tag was issued in order to facilitate collection of the fees required by this subchapter.
1. 1. The temporary preprinted paper buyer's tag issued under this section shall be placed at the location provided for the permanent motor vehicle license plate.
  2. 1. The temporary preprinted paper buyer's tag shall be covered by a translucent material that protects the temporary tag until the tag's expiration.
    2. The translucent material covering the tag shall be approved by the Office of Motor Vehicle.
  3. 1. The information on the tag shall be visible and readable when viewing the temporary tag covered with the translucent material.
    2. The translucent material shall cover the tag in the manner approved by the Office of Motor Vehicle.
  4. A dealer that issues a temporary preprinted paper buyer's tag shall insert the tag into the translucent material and attach the tag to each vehicle the dealer sells to keep the tag in place and readable when the vehicle is in use.
2. If a preprinted paper buyer's tag placed at the location provided for the permanent motor vehicle license plate becomes damaged or destroyed, the motor vehicle purchaser shall be required to register the vehicle under § 27-14-705 or obtain a replacement preprinted paper buyer's tag from the original issuing dealer or from the Office of Motor Vehicle.
3. The replacement preprinted paper buyer's tag shall expire on the expiration date of the original preprinted paper buyer's tag.
The Secretary of the Department of Finance and Administration shall provide the specifications, form, and color of the temporary preprinted paper buyer's tag.
1. 1. The buyer shall be responsible for paying to the secretary a fee to be set by the secretary, which shall not exceed five dollars and fifty cents ($5.50), for each temporary preprinted paper buyer's tag and any correlating sticker the buyer receives.
  2. This fee shall be collected at the time the buyer registers the vehicle under § 27-14-705.
2. The gross receipts or gross proceeds derived from the sale or issuance of temporary preprinted paper buyer's tags under this section shall be exempt from the Arkansas gross receipts tax levied by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., and any other state or local tax administered under those chapters.
3. 1. Except as provided in subdivision (f)(3)(B) of this section, all fees collected by the secretary under this section shall be deposited into the State Treasury, and the Treasurer of State shall credit them as general revenues to the General Revenue Fund Account of the State Apportionment Fund.
  2. The amount in excess of the first three dollars ($3.00) of the fee collected under subdivision (f)(1)(A) of this section shall be deposited into the State Treasury, and the Treasurer of State shall credit it as cash revenue to the credit of the Revenue Division of the Department of Finance and Administration to offset administrative costs.
1. For each temporary preprinted paper buyer's tag provided to a buyer, the issuer shall retain documentation containing:
  1. The dealer's name and master license plate number;
  2. The buyer's name;
  3. The date the temporary preprinted paper buyer's tag was issued;
  4. The vehicle's vehicle identification number;
  5. The make and model of the vehicle; and
  6. The expiration date of the temporary preprinted paper buyer's tag.
2. An issuer of preprinted paper buyer's tags shall provide the documentation required to be retained by subdivision (g)(1) of this section to the Office of Motor Vehicle on the date of sale for entry into the vehicle temporary tag database provided in § 27-14-1708.
1. 1. In addition to any other penalty prescribed by this section, the secretary may suspend or terminate a dealer's authority to issue temporary preprinted paper buyer's tags if the secretary determines that the dealer, manager, salesperson, or employee of the dealer:
  2. In addition to any other penalty prescribed by this section, if the secretary determines that the dealer, or a manager, salesperson, or employee of the dealer, has violated this subsection, the secretary may impose a penalty equal to ten dollars ($10.00) for each inappropriately issued temporary preprinted paper buyer's tag.
  3. Hearings conducted under this section shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
  4. The hearing officer shall render his or her decision in writing to modify, reverse, or affirm the imposition of a penalty, or of the suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags based upon the evidence presented at the hearing and shall serve a copy of the decision on the dealer.
Issues more than one (1) temporary preprinted paper buyer's tag to the same buyer for the same motor vehicle, except as authorized under subdivision (b)(2) or subdivision (d)(2) of this section; or (ii) Utilizes a temporary preprinted paper buyer's tag for any use other than a use authorized by subsections (b) and (d) of this section.
1. Any dealer or approved vendor or any manager, salesperson, or employee of the dealer or vendor who pleads guilty or nolo contendere to or is found guilty of the misuse of a temporary preprinted paper buyer's tag or of allowing anyone else to misuse a temporary preprinted paper buyer's tag shall be fined not more than:
  1. Two hundred fifty dollars ($250) for the first offense;
  2. Five hundred dollars ($500) for the second offense; and
  3. One thousand dollars ($1,000) for the third and subsequent offenses.
2. A buyer who pleads guilty or nolo contendere to or is found guilty of failing to obtain a temporary buyer's tag shall be fined not more than twenty-five dollars ($25.00).
3. A buyer who pleads guilty or nolo contendere to or is found guilty of altering a preprinted paper buyer's tag or the fraudulent use of a preprinted paper buyer's tag shall be fined not more than:
  1. Two hundred fifty dollars ($250) for the first offense;
  2. Five hundred dollars ($500) for the second offense; and
  3. One thousand dollars ($1,000) for the third and subsequent offenses.
1. A person who buys a trailer or semitrailer from a licensed dealer may obtain one (1) temporary preprinted paper buyer's tag for the trailer or semitrailer and any correlating sticker that is to be placed on the tag.
2. The temporary preprinted paper buyer's tag may be issued by an approved licensed dealer, vendor, or the Office of Motor Vehicle.

(i) The actual date of sale;

(ii) The date of expiration;

(2) The secretary shall:

(A) Notify the dealer in writing of the imposition of a penalty or of a suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags under this section; and

(B) Provide information in the notice regarding the prohibited activity upon which the suspension or termination is based.

(3) The dealer's authority to issue temporary preprinted paper buyer's tags may be suspended for:

(A) Six (6) months for the first occurrence under subdivision (h)(1) of this section; or

(B) One (1) year for the second occurrence under subdivision (h)(1) of this section.

(4) The dealer's authority to issue temporary preprinted paper buyer's tags may be terminated for a third or subsequent occurrence under subdivision (h)(1) of this section.

(5)(A) A dealer who desires a hearing on the imposition of a penalty, or of the suspension or termination of the dealer's authority to issue temporary tags under this section, shall notify the secretary in writing within twenty (20) days after receipt of the notice of imposition of a penalty, or of the suspension or termination.

(B) A hearing officer appointed by the secretary shall schedule a hearing in an office of the Revenue Division of the Department of Finance and Administration in the county of the dealer's principal place of business, unless the secretary and the dealer agree to another location for the hearing or agree that the hearing shall be held by telephone.

(6)(A) If the decision sustains, in whole or in part, the suspension or termination of the dealer's authority to issue temporary preprinted paper buyer's tags, the dealer may file suit within thirty (30) days of receipt of the decision in the Pulaski County Circuit Court or the circuit court of the county of the dealer's principal place of business.

(B) The dealer shall serve a copy of the petition on the secretary.

(C) The appeal shall not stay the order of suspension or termination, and the order shall remain in effect and be terminated only in the event a decision reversing the suspension or termination is issued by the circuit court.

(7) An appeal from the circuit court shall be in accordance with the laws governing appeals.

(j) This section does not apply to an owner or lessee of a registered motor vehicle who elects to display a license plate on a replacement motor vehicle under § 27-14-902(a)(3)(B).

History. Acts 2005, No. 1929, § 4; 2009, No. 484, § 5; 2009, No. 756, § 20; 2009, No. 780, § 1; 2011, No. 351, § 1; 2013, No. 747, § 2; 2015, No. 705, §§ 2-4; 2017, No. 1119, §§ 2, 3; 2019, No. 525, § 1; 2019, No. 910, §§ 4606-4613.

A.C.R.C. Notes. Acts 2011, No. 351, § 5, provided:

“(a) The Revenue Division of the Department of Finance and Administration may enter into or make agreements, arrangements, or declarations necessary to carry out the provisions of this act.

“(b) The Department of Finance and Administration may compensate the contractor who will provide for the administration and security provisions of the preprinted paper buyer's tag under this act in an amount to be agreed upon between the department and the contractor, not to exceed two dollars and fifty cents ($2.50) per tag.

“(c) The Department of Finance and Administration may promulgate rules and forms for the administration of this act.”

Amendments. The 2009 amendment by No. 484 substituted “preprinted paper” for “cardboard” throughout the section; rewrote (a), which read: “A dealer shall issue to a person who buys an unregistered vehicle one (1) temporary cardboard buyer's tag for the vehicle”; inserted (b)(2)(B), redesignated the remaining text accordingly, and substituted “§ 27-14-903(a)(2)” for “§ 27-14-903(a)(1)” in (b)(2)(A); rewrote (c) and (d); deleted (e), which read: “The dealer is responsible for the safekeeping and distribution of each temporary cardboard buyer's tag that the dealer obtains from the director,” and redesignated the subsequent subsections; rewrote (f)(1); inserted (g)(2), redesignated the remaining text, substituted “issuer” for “dealer” in (g)(1), and inserted “and master license plate number” in (g)(1)(A); rewrote (h); and made related and minor stylistic changes.

The 2009 amendment by No. 756 inserted (b)(3), (b)(4), (i), and present (j)(2), and redesignated accordingly; inserted “is guilty of a violation under § 5-1-108 and” in (j)(1); and made minor stylistic changes.

The 2009 amendment by No. 780 inserted “so as to be clearly legible from a distance of one hundred feet (100’) during daylight hours” in (c)(1), and inserted (c)(3); inserted (d)(2) through (d)(4); and redesignated the remaining text of (d) accordingly.

The 2011 amendment substituted “Office of Motor Vehicle” for “office” throughout the section; substituted “ten (10) calendar” for “five (5) business” in (a)(2)(A)(i) and (a)(2)(B); deleted “the time” following “until” in (a)(2)(A)(iii); redesignated former (d)(1)(A) and (B) as (d)(1)(A); deleted “on the inside rear window of the vehicle. For vehicles without a rear window, the preprinted paper buyer's tag shall be placed” following “be placed” in (d)(1)(A); inserted (d)(1)(B) through (D); substituted “two dollars and fifty cents ($2.50)” for “one dollar ($1.00)” in (f)(1)(A); inserted “of this section” in (g)(2); added present (h)(2) and redesignated former (h)(2) as (h)(3); and, in (h)(3), deleted “failing to obtain a temporary preprinted paper buyer's tag” following “guilty of,” substituted “the fraudulent use of” for “failing to display,” and deleted “within five (5) business days of the date of purchase of a motor vehicle” following “buyer's tag.”

The 2013 amendment substituted “sticker” for “stickers” throughout the section; inserted “color” in (a)(2)(A)(ii); inserted “calendar” before “day” and “days” throughout (b); inserted “and sticker” in (b)(2)(A); added “to keep the tag in place and readable when the vehicle is in use” at the end of (d)(1)(D); substituted “four dollars ($4.00)” for “two dollars and fifty cents ($2.50)”; added the exception at the beginning of (f)(3)(A); added (f)(3)(B); inserted (h) and redesignated the remaining subsections accordingly.

The 2015 amendment substituted “two dollars and fifty cents ($2.50)” for “three dollars ($3.00)” in (f)(3)(B); redesignated former (h)(1) as (h)(1)(A); added (h)(1)(B); inserted “the imposition of a penalty or of” in (h)(2)(A); rewrote (h)(5)(A); and inserted “imposition of a penalty, or of the” in (h)(5)(D).

The 2017 amendment substituted “five dollars and fifty cents ($5.50)” for “four dollars ($4.00)” in (f)(1)(A); and substituted “The amount in excess of the first three dollars ($3.00)” for “All amounts in excess of the first two dollars and fifty cents ($2.50)” in (f)(3)(B).

The 2019 amendment by No. 525 added (k).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (e); and substituted “secretary” for “director” throughout (f) and (h).

Effective Dates. Acts 2015, No. 705, § 5: Oct. 1, 2015. Effective date clause provided: “Sections 1 through 4 of this act are effective on the first day of the calendar quarter following the effective date of this act.”

Acts 2017, No. 1119, § 4: Nov. 13, 2017.

27-14-1706. Vehicles provided for purposes of demonstration or for repair customers.

A dealer may allow a prospective buyer or customer to drive an unregistered vehicle:
1. To demonstrate or to allow a prospective buyer to test drive the vehicle for sale purposes for a period not to exceed seventy-two (72) hours; or
2. As a loaner vehicle for a customer while the customer's vehicle is being repaired in the dealer's shop for a period not to exceed fourteen (14) calendar days.
1. 1. An approved dealer with the capability of issuing a temporary preprinted paper tag shall issue to the prospective buyer or customer one (1) temporary preprinted paper buyer's tag and any correlating stickers that are to be placed on the preprinted paper tag, in accordance with this section.
  2. 1. A licensed dealer who issues a temporary preprinted paper buyer's tag to a prospective buyer or customer shall place the preprinted paper tag at the location provided for the permanent motor vehicle license plate.
    2. If a preprinted paper tag placed at the location provided for the permanent motor vehicle license plate becomes damaged or destroyed, the original dealer may issue a replacement preprinted paper tag that shall expire on the expiration date of the original buyer's tag.
  3. A licensed dealer that issues a preprinted paper tag shall provide any required documentation to the Office of Motor Vehicle on the date of the transaction for entry into the vehicle temporary tag database provided for in § 27-14-1708.
  4. The office shall provide the specifications, form, and color of the temporary preprinted paper tag.
2. 1. A licensed dealer without the capability of issuing temporary preprinted paper tags shall issue to the prospective buyer or customer a test drive or loaner information sheet required by this section in lieu of the temporary preprinted paper tag.
  2. This sheet shall be maintained in the vehicle for the duration of time in which the prospective buyer or customer has possession of the vehicle.
3. If the date on which the prospective buyer or customer is required to return the vehicle to the dealer falls on Saturday, Sunday, or a legal holiday on which the dealer is not open for business, then the prospective buyer or customer will have until the next succeeding business day that is not a Saturday, Sunday, or legal holiday to return the vehicle and still be in compliance with this section.
1. When a dealer provides a motor vehicle to a prospective buyer or customer under this section, the dealer shall complete and keep in his or her possession an information sheet containing:
  1. The year, make, and model of the vehicle;
  2. The vehicle identification number;
  3. The prospective buyer's or customer's name;
  4. The time and date that the temporary preprinted paper tag or information sheet was issued to the prospective buyer or customer;
  5. The reason the vehicle was furnished to the prospective buyer or customer; and
  6. The length of time the prospective buyer or customer may retain the vehicle.
2. 1. The Secretary of the Department of Finance and Administration shall provide the specifications, form, and color of the information sheet to be used by dealers under this subsection.
  2. Information sheets retained by the dealer under this subsection are subject to examination by the secretary at any reasonable time.
1. A temporary preprinted paper buyer's tag or information sheet is not required if the prospective buyer or customer is required to return the vehicle before the end of the business day upon which the vehicle was provided to the prospective buyer or customer, and it is not unlawful for a prospective buyer or customer to test drive an unregistered vehicle in the manner provided in this subsection.
2. A dealer may issue temporary preprinted paper buyer's tags or use a dealer information sheet for the following purposes:
  1. To demonstrate or allow a prospective buyer to test drive a vehicle for a period not to exceed seventy-two (72) hours;
  2. For a loaner vehicle for a customer while the customer's vehicle is being repaired at the dealer's shop for a period not to exceed fourteen (14) calendar days;
  3. For transporting a vehicle not to exceed seventy-two (72) hours; or
  4. To test drive a vehicle to check its mechanical condition for a period not to exceed seventy-two (72) hours.
3. The secretary shall design the test drive or loaner information sheet to be used by dealers under this subsection and shall make this information sheet available at all state revenue offices and on the website of the Department of Finance and Administration.
4. A dealer shall be allowed to make and use photocopies of the test drive or loaner information sheet designed by the department in lieu of the original provided by the department.
Any dealer who violates this section shall be fined the amount of twenty-five dollars ($25.00) per violation.

History. Acts 2005, No. 1929, § 4; 2009, No. 484, § 6; 2011, No. 351, §§ 2, 3; 2019, No. 910, §§ 4614, 4615.

A.C.R.C. Notes. Acts 2011, No. 351, § 5, provided:

“(a) The Revenue Division of the Department of Finance and Administration may enter into or make agreements, arrangements, or declarations necessary to carry out the provisions of this act.

“(c) The Department of Finance and Administration may promulgate rules and forms for the administration of this act.”

Amendments. The 2009 amendment, in (b), rewrote (b)(1), inserted (b)(2), and redesignated the subsequent subdivision accordingly; in (c), substituted “a motor vehicle” for “an unregistered vehicle” in (c)(1) and substituted “preprinted paper tag or information sheet” for “cardboard tag” in (c)(1)(D); substituted “preprinted paper buyer's tag or information sheet” for “cardboard tag” in (d)(1); and made a minor stylistic change.

The 2011 amendment combined former (b)(1)(B)(i) and (ii) as (b)(1)(B)(i) and redesignated former (b)(1)(B)(iii) as (b)(1)(B)(ii); in (b)(1)(B)(i), deleted “in the rear window of the vehicle. If the vehicle does not have a rear window, the preprinted paper tag shall be placed” following “paper tag”; inserted “license plate” in (b)(1)(B)(ii); and rewrote (d)(2).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (c)(2)(A); and substituted “secretary” for “director” in (c)(2)(B) and (d)(3).

27-14-1707. Authority to promulgate rules.

In addition to the authority provided in § 27-14-403, the Secretary of the Department of Finance and Administration may promulgate, adopt, and enforce such rules as may be necessary to carry out this subchapter.

History. Acts 2005, No. 1929, § 4; 2019, No. 910, § 4616.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1708. Temporary tag database.

There is created a vehicle temporary tag database within the Revenue Division of the Department of Finance and Administration to develop, establish, and maintain a database of information to verify compliance with the unregistered motor vehicle preprinted paper buyer's tag laws of Arkansas in this chapter.
1. The vehicle temporary tag database shall be administered by the Revenue Division of the Department of Finance and Administration with the assistance of the Division of Information Systems or other designated agent with whom the Revenue Division of the Department of Finance and Administration may contract to supply technical database and data processing expertise.
2. The vehicle temporary tag database shall be developed and maintained in accordance with guidelines established by the Revenue Division of the Department of Finance and Administration so that state and local law enforcement agencies can access the vehicle temporary tag database to determine compliance with the sale, licensing, and registration of motor vehicles, as required by law.
The Revenue Division of the Department of Finance and Administration shall have the authority to enter into or to make agreements, arrangements, or declarations necessary to carry out the provisions of this section.
1. Upon request, the Revenue Division of the Department of Finance and Administration may release information in the vehicle temporary tag database to:
  1. The owner to whom the temporary tag was issued;
  2. The parent or legal guardian of the owner to whom the temporary tag was issued if the owner is under eighteen (18) years of age or is legally incapacitated; and
  3. State and local law enforcement agencies, the Arkansas Crime Information Center, or other government offices upon a showing of need.
2. Except as provided in (d)(1) of this section, all data and information received by the vehicle temporary tag database is confidential and is not subject to examination or disclosure as public information under the Freedom of Information Act of 1967, § 25-19-101 et seq.
The Revenue Division of the Department of Finance and Administration or the reporting company shall not be liable for any damages to any property or person due to any act or omission in the reporting or keeping of any record or information contained in the vehicle temporary tag database or the issuing or renewing of any motor vehicle registration in accordance with the vehicle temporary tag database.

History. Acts 2009, No. 484, § 7; 2019, No. 910, §§ 6323-6326.

Amendments. The 2019 amendment substituted “Revenue Division of the Department of Finance and Administration” for “division” following “administered by the” in (b)(1), and in (c), (d)(1), and (e); and substituted “Division of Information Systems” for “Department of Information Systems” in (b)(1).

27-14-1709. Definition.

As used in this subchapter, “dealer” means a new motor vehicle dealer licensed under § 23-112-301 or a used motor vehicle dealer licensed under § 23-112-607 who is engaged in the sale of:

New motor vehicles;
Used motor vehicles;
Motorcycles or motor-driven cycles as defined under § 27-20-101; or
Motor homes.

History. Acts 2011, No. 351, § 4.

A.C.R.C. Notes. Acts 2011, No. 351, § 5, provided:

“(a) The Revenue Division of the Department of Finance and Administration may enter into or make agreements, arrangements, or declarations necessary to carry out the provisions of this act.

“(c) The Department of Finance and Administration may promulgate rules and forms for the administration of this act.”

Subchapter 18 — Vehicles in Transit to Dealers

Effective Dates. Acts 1935, No. 183, § 8: Approved Mar. 22, 1935. Emergency clause provided: “On account of the fact that at the present time no provision exists in our law for regulating and taxing motor vehicles in transit, and on account of the depleted condition of the State Highway Fund, an emergency is hereby declared to exist and this act shall become effective immediately upon its passage.”

Acts 1938 (1st Ex. Sess.), No. 9, § 5: Approved Apr. 1, 1938. Emergency clause provided: “Due to the fact that the present law does not fix an adequate fee for regulating and taxing motor vehicles in transit, and on account of the necessity of increased revenues of the State Highway funds to enable the State to pay the bonds of Bridge Improvement Districts and place said Bridge Improvement Districts on a parity with toll bridges which the State proposes to make free from tolls, an emergency is hereby declared to exist and this Act shall take effect and be in force from and after its passage.”

Acts 1951, No. 31, § 6: Approved Jan. 31, 1951. Emergency clause provided: “It has been found and is hereby declared by the General Assembly of the State of Arkansas: (1) that traffic accidents resulting in injuries and deaths to persons and damages to property are increasing at an alarming rate, due in part to increased use of the highways; (2) that present appropriations and revenues for employment of personnel in the Department of Arkansas State Police are wholly inadequate to properly handle the problem of highway safety; and (3) that only the provisions of this act will provide funds in amounts sufficient to employ the necessary personnel to patrol the highways and thereby reduce the incidence of highway accidents. Therefore, an emergency is hereby declared to exist, and this act being necessary for the preservation of public peace, health and safety shall take effect and be in full force from and after its passage.”

27-14-1801. Penalty.

It shall be unlawful for any person to display a placard except as provided in this subchapter.
A person who violates any of the provisions of this subchapter or any of the rules promulgated in this subchapter is guilty of a misdemeanor and shall be fined:
1. Five hundred dollars ($500) for the first offense;
2. One thousand dollars ($1,000) for the second offense; and
3. One thousand five hundred dollars ($1,500) for the third and each subsequent offense.

History. Acts 1935, No. 183, § 6; Pope's Dig., § 6626; A.S.A. 1947, § 75-234; Acts 2009, No. 318, § 1.

Amendments. The 2009 amendment rewrote (b).

27-14-1802. Construction.

This subchapter shall be construed to be cumulative to the existing laws and shall not be construed to exempt any motor vehicle being operated for hire or by an individual purchaser, the object of this subchapter being to regulate and tax only motor vehicles in transit from a manufacturer to a dealer, or from one dealer to another.

History. Acts 1935, No. 183, § 3; Pope's Dig., § 6623; A.S.A. 1947, § 75-231.

27-14-1803. Applicability.

This subchapter shall apply to all motor vehicles operated on the highways of this state which are in transit from a manufacturer to a dealer or from one dealer to another, whether the vehicles are driven or towed.
Nothing in this subchapter shall be construed to exempt trucks or trailers hauling cars for delivery, except in case the truck or trailer is also in transit for delivery.

History. Acts 1935, No. 183, §§ 2, 4; Pope's Dig., §§ 6622, 6624; A.S.A. 1947, §§ 75-230, 75-232.

27-14-1804. Nonapplicable if regular plates used.

This subchapter shall not apply to any person, firm, or corporation engaged in towing or driving motor vehicles on the public highways of this state where the motor vehicles display bona fide license or dealer's license plates issued by the Secretary of the Department of Finance and Administration.

History. Acts 1935, No. 183, § 1; 1938 (1st Ex. Sess.), No. 9, § 1; 1959, No. 65, § 1; A.S.A. 1947, § 75-229; Acts 2019, No. 910, § 4617.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1805. Use of “IN TRANSIT” placards.

1. Motor vehicles and trailers in the course of delivery from a manufacturer to a dealer, or from one dealer to another, may be operated on the highways without license number plates being attached, if they display, on the rear, a placard issued by the Secretary of the Department of Finance and Administration, bearing the words “IN TRANSIT”, the registration number, the time and date the placard was issued, and the genuine signature of the secretary or his or her agent.
2. The letters and figures shall be of such size and type to meet the requirements of the secretary.
1. The fee for the registration of these vehicles shall be three dollars ($3.00) for each placard.
2. The fee shall be collected by the secretary before issuance of the placard.
1. All placards issued under the provisions of this subchapter shall permit operation of motor vehicles on the highways of this state for a period not exceeding forty-eight (48) hours.
2. The placard shall be good for one (1) trip only.

History. Acts 1935, No. 183, § 1; Pope's Dig., § 6621; Acts 1938 (1st Ex. Sess.), No. 9, § 1; 1959, No. 65, § 1; A.S.A. 1947, § 75-229; Acts 2019, No. 910, §§ 4618, 4619.

27-14-1806. Metal transporter plate.

1. Any person, firm, or corporation that is regularly engaged in the business of driving or towing motor vehicles or trailers as defined in § 27-14-1805, upon the payment of a fee of thirty dollars ($30.00), may be issued an annual metal transporter plate by the Secretary of the Department of Finance and Administration.
2. This metal plate shall not expire until December 31 of the calendar year in which it is purchased.
3. The plate shall be attached to the rear of any vehicle being operated by the licensee in conformity with this subchapter.
1. The fee for this annual transporter plate shall not be reduced but shall remain at thirty dollars ($30.00).
2. If this annual transporter plate is lost by the licensee, it must be replaced by an original annual transporter plate for a fee of thirty dollars ($30.00).

History. Acts 1935, No. 183, § 1; 1938 (1st Ex. Sess.), No. 9, § 1; 1959, No. 65, § 1; A.S.A. 1947, § 75-229; Acts 2015, No. 1252, § 1; 2019, No. 910, § 4620.

Amendments. The 2015 amendment deleted “other than an automobile dealer” following “corporation” in (a)(1).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(1).

27-14-1807. Disposition of fees.

All fees collected under the provisions of this subchapter shall be deposited into the State Treasury as special revenues, and the net amount thereof shall be credited to the Department of Arkansas State Police Fund, there to be used for the operation, maintenance, and improvement of the Department of Arkansas State Police.

History. Acts 1935, No. 183, § 7; Pope's Dig., § 6627; Acts 1938 (1st Ex. Sess.), No. 9, § 2; 1949, No. 5, § 16; 1951, No. 31, § 3; 1961, No. 68, § 18; 1965, No. 493, § 5; A.S.A. 1947, § 75-235.

Case Notes

Use of Revenue.

Revenue arising under this subchapter, being not included by any express language in the provisions of the law for refunding highway and toll bridge obligations of the state, was available, to the extent of any unimpaired balance collected during year, for the payment of warrants to which any bridge district was legally entitled. Sebastian Bridge Dist. v. State Refunding Bd., 197 Ark. 790, 124 S.W.2d 960 (1939).

27-14-1808. Rules.

The Secretary of the Department of Finance and Administration is authorized to promulgate such rules as he or she deems necessary for the proper enforcement of this subchapter.

History. Acts 1935, No. 183, § 5; Pope's Dig., § 6625; A.S.A. 1947, § 75-233; Acts 2019, No. 315, § 3106; 2019, No. 910, § 4621.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Subchapter 19 — Transporting of Motor Homes by Manufacturers

Effective Dates. Acts 1973, No. 503, § 5: Mar. 29, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the laws of this State are unclear as to the method of licensing motor homes for the purpose of transporting such motor homes from the manufacturer to the dealers, distributors, or consumers and that an orderly system of such licensing is necessary to promote a more efficient manner of in-transit motor home licensing as well as to promote highway safety. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

27-14-1901. Definition.

As used in this subchapter, “manufacturer” means any person, firm, or corporation engaged in manufacturing or assembling motor homes at or from an established place of business within this state.

History. Acts 1973, No. 503, § 2; A.S.A. 1947, § 75-292.1.

27-14-1902. Application for license.

1. Any person, firm, or corporation engaged in the business of manufacturing motor homes in this state shall apply for a motor home manufacturers' license for the sole purpose of delivering or transporting the manufacturers' motor homes on the public highways and streets of this state from the manufacturer to a distributor or from the manufacturer to a dealer or from the manufacturer to a consumer.
2. All applications for manufacturers' master license plates shall be made to the Office of Motor Vehicle.
Both manufacturers' master license plates and manufacturers' extra plates shall expire annually on December 31, and applications for renewal shall be made between January 1 and January 31 of the succeeding year.

History. Acts 1973, No. 503, §§ 1, 3; A.S.A. 1947, §§ 75-292, 75-292.2.

27-14-1903. Fees.

There shall be paid a fee of ninety-eight dollars ($98.00) for a manufacturers' master license plate and a fee of thirteen dollars ($13.00) for each additional manufacturers' extra plate.
The fees for the manufacturers' master license plate and manufacturers' extra license plates provided for in this section shall not be reduced during the calendar year.

History. Acts 1973, No. 503, §§ 1, 3; 1979, No. 440, § 2; A.S.A. 1947, §§ 75-292, 75-292.2.

27-14-1904. Design of plates.

Manufacturers' master license plates shall be of such form and design as prescribed by the Secretary of the Department of Finance and Administration.

History. Acts 1973, No. 503, § 3; A.S.A. 1947, § 75-292.2; Acts 2019, No. 910, § 4622.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-1905. Rules.

The Secretary of the Department of Finance and Administration is authorized to promulgate rules consistent with the provisions of this subchapter.

History. Acts 1973, No. 503, § 4; A.S.A. 1947, § 75-292.3; Acts 2019, No. 315, § 3107; 2019, No. 910, § 4623.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Subchapter 20 — Licensing of Dealers and Wreckers

27-14-2001. License required.

No person, unless licensed to do so by the Office of Motor Vehicle under the provisions of this chapter, shall carry on or conduct the business of:
1. A dealer in motor vehicles, trailers, or semitrailers, of a type subject to registration;
2. A dealer in used parts or used accessories of motor vehicles; or
3. Wrecking or dismantling any vehicle for resale of the parts thereof.
1. Application for a dealer's or wrecker's license shall be made upon the form prescribed by the office and shall contain the name and address of the applicant.
2. 1. When the applicant is a partnership, the name and address of each partner shall be set forth.
  2. When the applicant is a corporation, the names of the principal officers of the corporation, the state in which incorporated, the place or places where the business is to be conducted, the nature of the business, and other information as may be required by the office shall be set forth.
3. Every application shall be verified by the oath or affirmation of the applicant, if an individual, or, in the event an applicant is a partnership or corporation, then by a partner or officer thereof.
4. Every application shall be accompanied by the fee required by law for each place of business.

History. Acts 1949, No. 142, § 65; A.S.A. 1947, § 75-165.

27-14-2002. Issuance of license certificate.

1. The Office of Motor Vehicle, upon receiving application accompanied by the required fee and when satisfied that the applicant is of good character and, so far as can be ascertained, has complied with, and will comply with, the laws of this state with reference to the registration of vehicles and certificates of title and the provisions of this chapter, shall issue to the applicant a license certificate which shall entitle the licensee to carry on and conduct the business of a dealer or wrecker, as the case may be, during the calendar year in which the license is issued.
2. Every such license shall expire on December 31 of each year and may be renewed upon application and payment of the fee required by law.
The office may refuse to issue a license or, after a written notice to the licensee and a hearing, may suspend or revoke a license when satisfied that the applicant for a license or the licensee has failed to comply with the provisions of this chapter or that a license has been fraudulently procured or erroneously issued.
Any licensee, before removing any one (1) or more of his or her places of business or opening any additional place of business, shall apply to the office for, and obtain, a supplemental license for which a fee shall be charged.

History. Acts 1949, No. 142, § 66; 1959, No. 307, § 11; A.S.A. 1947, § 75-166.

Cross References. Penalty for violation of this section, § 27-50-305.

27-14-2003. Records to be maintained.

Every licensee shall maintain for three (3) years, in the form the Office of Motor Vehicle prescribes, a record of:

Every vehicle or used part, accessory, body, chassis, or engine of, or for, a vehicle received or acquired by him or her, its description and identifying number, the date of its receipt or acquisition, and the name and address of the person from whom received or acquired;
Every vehicle or vehicle body, chassis, or engine disposed of by him or her, its description and identifying number, the date of its disposition, and the name and address of the person to whom disposed of; and
Every vehicle wrecked or dismantled by him or her and the date of its wrecking or dismantling. Every such record shall be open to inspection by any representative of the office or peace officer during reasonable business hours.

History. Acts 1949, No. 142, § 66; 1959, No. 307, § 11; A.S.A. 1947, § 75-166.

Cross References. Penalty for violation of this section, § 27-50-305.

Subchapter 21 — Drive-Out Tags

27-14-2101. Provisions supplemental.

This subchapter is in no respect to be considered as a repeal of any of the motor vehicle laws already in effect, specifically § 27-18-101 et seq., but shall be construed as supplementary thereto.

History. Acts 1955, No. 111, § 4; A.S.A. 1947, § 75-235.4.

27-14-2102. Issuance authorized.

The Secretary of the Department of Finance and Administration is authorized to design and issue a drive-out tag for use in cases where automobile dealers in this state sell a motor vehicle to a nonresident who desires to immediately remove the vehicle to the state of his or her residence.

History. Acts 1955, No. 111, § 1; A.S.A. 1947, § 75-235.1; Acts 2019, No. 910, § 4624.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-2103. Validity period.

Drive-out tags shall not be valid in any event for more than fourteen (14) days.

History. Acts 1955, No. 111, § 2; A.S.A. 1947, § 75-235.2; Acts 1997, No. 1208, § 1.

27-14-2104. Fee — Disposition.

Drive-out tags shall be issued for a fee of two dollars ($2.00) per tag.
Proceeds of the sales shall be credited to the Department of Arkansas State Police Fund.

History. Acts 1955, No. 111, § 2; A.S.A. 1947, § 75-235.2; Acts 1997, No. 1208, § 2.

27-14-2105. Rules.

The Secretary of the Department of Finance and Administration is authorized to promulgate such rules as he or she deems necessary for the proper enforcement of this subchapter.

History. Acts 1955, No. 111, § 3; A.S.A. 1947, § 75-235.3; Acts 2019, No. 315, § 3108; 2019, No. 910, § 4625.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

Subchapter 22 — Theft of Vehicles and Parts

Effective Dates. Acts 1911, No. 134, § 20: Effective on passage. Approved Mar. 24, 1911.

Acts 1919, No. 423, § 4: Effective on passage. Emergency declared. Approved Mar. 27, 1919.

27-14-2201, 27-14-2202. [Repealed.]

Publisher's Notes. These sections, concerning reports of theft or recovery of stolen vehicles to Department of Arkansas State Police, were repealed by Acts 2013, No. 142, §§ 1, 2. The sections were derived from:

27-14-2201. Acts 1969, No. 380, §§ 1, 2; A.S.A. 1947, §§ 75-167.1, 75-167.2.

27-14-2202. Acts 1969, No. 380, § 3; A.S.A. 1947, § 75-167.3.

27-14-2203. [Repealed.]

Publisher's Notes. This section, concerning police reporting of stolen vehicles to the Office of Motor Vehicle, was repealed by Act 2003, No. 833, § 3. The section was derived from Acts 1949, No. 142, § 67; A.S.A. 1947, § 75-167.

27-14-2204. Reports to office by owners or lienholders.

The owner of or person having a lien or encumbrance upon a registered vehicle which has been stolen or embezzled may notify the Office of Motor Vehicle of the theft or embezzlement, but in the event of an embezzlement, may make a report only after having procured the issuance of a warrant for the arrest of the person charged with the embezzlement.
Every owner or other person who has given any such notice must notify the office of a recovery of the vehicle.

History. Acts 1949, No. 142, § 68; A.S.A. 1947, § 75-168.

27-14-2205. Processing of reports by office — Lists.

The Office of Motor Vehicle, upon receiving a report of a stolen or embezzled vehicle as provided in § 27-14-2204, shall file and appropriately index it, shall immediately suspend the registration of the stolen or embezzled vehicle so reported, and shall not transfer the registration of the stolen or embezzled vehicle until such time as the office is notified in writing that the stolen or embezzled vehicle has been recovered.
The office shall, at least one (1) time each week, compile and maintain at its headquarters office a list of all vehicles which have been stolen, embezzled, or recovered as reported to the office during the preceding week. The lists shall be open to inspection by any police officer or other person interested in any such vehicle.

History. Acts 1949, No. 142, § 69; A.S.A. 1947, § 75-169.

27-14-2206. Report of vehicle left in storage or parked over thirty days.

1. Whenever any vehicle of a type subject to registration in this state has been stored, parked, or left in a garage, trailer park, or any type of storage or parking lot for a period of over thirty (30) days, the owner of the garage, trailer park, or lot shall, within five (5) days after the expiration of that period, report the make, model, or serial or vehicle identification number of the vehicle as unclaimed to the Automobile Theft Section of the Department of Arkansas State Police.
2. The report shall be on a form prescribed and furnished by the Department of Arkansas State Police.
Nothing in this section shall apply when arrangements have been made for continuous storage or parking by the owner of the motor vehicle so parked or stored or when the owner of the motor vehicle so parked or stored is personally known to the owner or operator of the garage, trailer park, storage, or parking lot.
1. Any person who fails to submit the report required under this section shall forfeit all claims for storage of the vehicle and shall be guilty of a misdemeanor, punishable by a fine of not more than twenty-five dollars ($25.00).
2. Each day's failure to make a report required under this section shall constitute a separate offense.

History. Acts 1969, No. 380, § 4; A.S.A. 1947, § 75-167.4.

27-14-2207. Unlawful taking of vehicle.

Any person who drives a vehicle, not his or her own, without the consent of the owner thereof and with intent temporarily to deprive the owner of his or her possession of the vehicle, without intent to steal the vehicle, is guilty of a misdemeanor.
The consent of the owner of a vehicle to the vehicle's taking or driving shall not in any case be presumed or implied because of the owner's consent on a previous occasion to the taking or driving of the vehicle by the same or a different person.
Any person who assists in, or is a party or accessory to or an accomplice in any such unauthorized taking or driving, is guilty of a misdemeanor.

History. Acts 1949, No. 142, § 70; A.S.A. 1947, § 75-170.

Cross References. Unauthorized use of vehicle, § 5-36-108.

Case Notes

Boats.

The joy-riding and trespass statutes do not apply to boats; consequently, there is no error in a court's refusing to instruct on the joy-riding and trespass statutes in a case where defendant was accused of stealing a boat. Weber v. State, 250 Ark. 566, 466 S.W.2d 257 (1971).

Cited: Hall v. State, 242 Ark. 201, 412 S.W.2d 603 (1967).

27-14-2208, 27-14-2209. [Repealed.]

Publisher's Notes. These sections, concerning the use of a vehicle without the owner's consent and the prohibition of bonuses to a caretaker of another's vehicle, were repealed by Acts 2013, No. 1142, §§ 1, 2. The sections were derived from:

27-14-2208. Acts 1911, No. 134, § 16, p. 94; C. & M. Dig., § 7432; Pope's Dig., § 6644; A.S.A. 1947, § 75-194.

27-14-2209. Acts 1911, No. 134, § 16, p. 94; C. & M. Dig., § 7432; Pope's Dig., § 6644; A.S.A. 1947, § 75-194.

27-14-2210. Vehicles or engines without manufacturer's numbers.

Any person who knowingly buys, receives, disposes of, sells, offers for sale, or has in his or her possession any motor vehicle or engine removed from a motor vehicle from which the manufacturer's serial or engine number or other distinguishing number or identification mark or number placed thereon under assignment from the Office of Motor Vehicle has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of the motor vehicle or engine is guilty of a misdemeanor.
Any person who pleads guilty or nolo contendere to or is found guilty of a second or subsequent offense shall be guilty of a Class D felony.

History. Acts 1949, No. 142, § 73; A.S.A. 1947, § 75-173; Acts 2003, No. 1351, § 1.

Research References

A.L.R.

Criminal liability, under state law, concerning illegal removal or alteration of vehicle identification number, including sale or possession of altered motor vehicles or parts. 107 A.L.R.5th 567.

27-14-2211. Altering or changing engine or other numbers.

1. No person shall, with fraudulent intent, deface, destroy, or alter the manufacturer's serial or engine number or other distinguishing number or identification mark of a motor vehicle, nor shall any person place or stamp any serial, engine, or other number or mark upon a motor vehicle except one assigned by the Office of Motor Vehicle.
2. Any violation of this subsection is a Class C felony.
This section shall not prohibit the restoration by an owner of an original serial, engine, or other number or mark when the restoration is made under permit issued by the office or prevent any manufacturer from placing, in the ordinary course of business, numbers or marks upon motor vehicles or parts thereof.

History. Acts 1949, No. 142, § 74; A.S.A. 1947, § 75-174; Acts 2003, No. 199, § 1.

Research References

A.L.R.

Criminal liability, under state law, concerning illegal removal or alteration of vehicle identification number, including sale or possession of altered motor vehicles or parts. 107 A.L.R.5th 567.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Transportation, Alteration of Serial or Engine Number, 26 U. Ark. Little Rock L. Rev. 503.

Case Notes

Cited: King v. Roy, 319 F.3d 345 (8th Cir. 2003).

27-14-2212. Mutilation of serial numbers.

1. It shall be unlawful for any person, firm, or corporation to have in its possession an automobile, automobile tires, or gasoline engine, the motor and serial number of which have been mutilated to the extent that it cannot be read.
2. When any automobile, automobile tires, or gasoline engine has been stolen and recovered and the serial numbers found mutilated, the court where the case may be tried shall have power to authorize the rightful owner of the automobile tires or accessories to continue the use of them.
3. The court shall also direct that the owner of the car have the original serial numbers restenciled on the engine, motor, or car.
Any person convicted of violating subsection (a) of this section shall be deemed guilty of a felony and punished by imprisonment in the Division of Correction for not less than one (1) year nor more than five (5) years.

History. Acts 1919, No. 423, §§ 1, 3; C. & M. Dig., §§ 7437, 7439; Pope's Dig., §§ 6649, 6651; A.S.A. 1947, §§ 75-192, 75-193; Acts 2019, No. 910, § 1026.

Amendments. The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (b).

Case Notes

Constitutionality.

This section is not unconstitutional as to one having possession of an automobile without knowledge of the fact that the motor and serial numbers have been so mutilated that they cannot be read. Baker v. State, 177 Ark. 1042, 9 S.W.2d 243 (1928).

Construction.

This section must be strictly construed against defendant and liberally in his favor. Baker v. State, 177 Ark. 1042, 9 S.W.2d 243 (1928).

Effect on Value.

One cannot claim that there is no useable value of an automobile because its serial number had been mutilated. Aetna Ins. Co. v. Mills, 176 Ark. 684, 3 S.W.2d 999 (1928).

Elements of Offense.

This section is intended to impose a penalty only on one who mutilates both the serial and motor numbers, so a plea admitting possession of a car with motor number only mutilated would not be a plea of guilty, since either number, if not mutilated, would identify the car. Baker v. State, 177 Ark. 1042, 9 S.W.2d 243 (1928).

Knowledge of Mutilation.

In a prosecution for possessing an automobile tire on which the serial numbers had been mutilated, it is not error to instruct that if the defendant kept the tire in his possession after he knew that the serial numbers had been mutilated he would be guilty. Hall v. State, 171 Ark. 787, 286 S.W. 1026 (1926).

Subchapter 23 — Disclosure of Damage and Repair on the Certificate of Title

A.C.R.C. Notes. References to “this chapter” in subchapters 1-22 may not apply to this subchapter which was enacted subsequently.

27-14-2301. Definitions.

As used in this subchapter:

1. “Dealer” means any person or business who sells or offers for sale a motor vehicle after selling or offering for sale five (5) or more motor vehicles in the previous twelve (12) months or who is a new or used motor vehicle dealer licensed by or with the State of Arkansas.
2. Persons or businesses that operate as salvage vehicle pools or salvage vehicle auctions are not dealers under this subchapter when selling vehicle parts to a dealer;
“Motor vehicle” means every self-propelled vehicle except motorcycles, motor-driven cycles, and trucks with an unladen weight of ten thousand pounds (10,000 lbs.) or more, in, upon, or by which any person or property is or may be transported upon a street or highway;
1. “Occurrence” means the event that caused the motor vehicle to become damaged.
2. “Occurrence” includes without limitation collision, theft, vandalism, storm, or flood;
“Office of Motor Vehicle” or “office” means the Office of Motor Vehicle of the Revenue Division of the Department of Finance and Administration;
“Owner” means an individual, insurance company, or other entity with legal title to the motor vehicle;
“Salvage vehicle” means a motor vehicle that is:
1. Water-damaged; or
2. Sustains any other damage in an amount equal to or exceeding seventy percent (70%) of its average retail value as determined under criteria established by rule of the Office of Motor Vehicle; and
“Water-damaged” means a motor vehicle that has been submerged or partially submerged in water to the point that rising water has:
1. Reached over the doorsill of the motor vehicle;
2. Entered the passenger compartment of the motor vehicle; and
3. Caused damage to the motor vehicle's powertrain, primary computer, or electrical systems.

History. Acts 1993, No. 614, § 1; 2007, No. 410, § 1; 2019, No. 497, § 1.

Amendments. The 2019 amendment rewrote (7).

27-14-2302. Issuance of damage certificate.

1. 1. When an insurer acquires the ownership of a salvage vehicle for which a salvage vehicle title has not been issued, the insurer shall surrender the certificate of title for the salvage vehicle to the Office of Motor Vehicle within thirty (30) days following the acquisition of the certificate of title to the salvage vehicle.
  2. When an insurer acquires the ownership of a vehicle eight (8) or more model years old before the calendar year of the occurrence, the insurer may surrender the certificate of title for the vehicle to the office in exchange for a salvage certificate of title or a parts-only title.
2. 1. If a motor vehicle becomes a salvage vehicle and an insurer indemnifies under the insurance policy but the insurer does not take title to the salvage vehicle, the insurer shall notify the office that the motor vehicle is a salvage vehicle pursuant to the notification procedure required under this subsection.
  2. The office shall attach a note or stamp to any copy of a title issued by the office or to any reissued or changed title.
  3. The note or stamp shall state that the motor vehicle is a salvage vehicle and shall remain in place until the owner of the vehicle surrenders the certificate of title on the salvage vehicle and a salvage vehicle title or prior salvage vehicle title is issued by the office.
3. 1. If a person other than an insurer owns a salvage vehicle for which a salvage vehicle title has not been issued, the owner shall surrender the certificate of title for the salvage vehicle to the office within thirty (30) days following the date that the motor vehicle became a salvage vehicle.
  2. If a person other than an insurer owns a vehicle that is eight (8) or more model years old before the calendar year of the occurrence, the owner may surrender the certificate of title for the vehicle to the office in exchange for a salvage certificate of title or a parts-only title.
Upon receipt of the title, there shall be issued a new certificate of title with the word “salvage” printed in the remarks section on the face of the title.
1. An Arkansas certificate of title issued from an out-of-state certificate of title or comparable ownership document that carries a designation such as “damaged”, “salvaged”, “water-damaged”, “reconstructed”, “rebuilt”, or other similar classification shall have a brand notation printed in the remarks section on its face as would be required by this subchapter to be printed on an Arkansas certificate of title issued under the provisions of either subsection (b) or subsection (e) of this section.
2. 1. Provided, however, an Arkansas certificate of title shall not be issued from an out-of-state junking certificate or other ownership document bearing a designation of “junk”, “parts only”, “nonrepairable”, or similar classification, it being the intent of this section that any motor vehicle damaged to the extent that it has been so designated shall be dismantled for parts or scrap and shall not be registered in the State of Arkansas but may receive a “parts only” title.
  2. 1. An Arkansas title may be issued only if the state that placed the designation on the certificate of title or issued the junking certificate removes the designation or cancels the junking certificate and replaces it with a certificate of title.
    2. The designation placed on the certificate of title or issuance of junking certificate may be modified or removed only by that state.
    3. A court of this state shall not have jurisdiction to change or modify the designation or finding of another state issuing a certificate of title or the junking certificate.
1. When any motor vehicle issued a “salvage” certificate of title or similar branded title by another state is rebuilt or reconstructed, the owner shall, within ten (10) working days, make application to the office for the registration and issuance of a new certificate of title to the motor vehicle.
2. The application shall be accompanied by the “salvage” certificate of title or similar title issued by another state, a fee in the amount now or hereafter prescribed by law for the registration and issuance of a certificate of title, and a sworn statement executed by the rebuilder or restorer on a form prescribed by the office describing the types of repairs performed, listing all parts replaced, and including the vehicle identification number of any parts bearing such a number or a derivative thereof.
1. Upon receipt of such “salvage” certificate of title or similar title issued by another state and the sworn statement required to be submitted by subsection (d) of this section, there shall be issued a new certificate of title with the word “rebuilt” printed in the remarks section on the face of the title.
2. The brand shall be carried forward and printed in the remarks section on the face of all titles issued thereafter for the motor vehicle.
The sworn statement submitted pursuant to subsection (d) of this section shall be maintained by the office as a part of the permanent title record of the motor vehicle in question, and the information contained therein shall be made available to any prospective buyer or transferee upon request.
1. If an insurer has the responsibility under this subchapter to surrender the certificate of title on a salvage vehicle for which it has taken title or to notify the office that a motor vehicle is a salvage vehicle, prior salvage vehicle, or “parts only” vehicle, the insurer may delegate its responsibility to surrender the certificate of title or to notify the office to a servicing organization or to a buyer of the salvage vehicle from the insurer.
2. The insurer shall remain responsible under Arkansas law if the servicing organization or buyer fails to properly surrender the title or notify the office.
1. The office may issue a “parts only” title to the owner of a salvage vehicle under the following conditions:
  1. The owner of the salvage vehicle decides that the salvage vehicle has no resale value except as a source for parts or scrap; and
  2. The owner surrenders the current certificate of title to the salvage vehicle to the office.
2. An owner under this subsection may be an insurer that owns the salvage vehicle.
3. 1. The salvage vehicle shall be dismantled for parts or scrap and issued a “parts only” title in the State of Arkansas.
  2. The “parts only” brand shall be carried forward and printed in the remarks section on the face of all titles subsequently issued for the motor vehicle without regard to the claim of any person that the salvage vehicle has been rebuilt or reconstructed.

History. Acts 1993, No. 614, § 2; 2001, No. 328, § 2; 2007, No. 410, § 2; 2009, No. 445, §§ 1, 2; 2009, No. 483, § 1; 2017, No. 651, § 1.

Publisher's Notes. Acts 1993, No. 614, § 2, provided, in part:

“In the event an appropriation is provided for elsewhere by law to be used by the Department of Finance and Administration, Revenue Division to defray the expenses incurred by the Office of Motor Vehicles to provide a 1-900 toll service telephone number, the information contained in the sworn statement submitted pursuant to subsection (d) of this section shall be made available to any prospective buyer or transferee who provides the Office of Motor Vehicles with the vehicle identification number through the use of such 1-900 toll service number. The Director of the Department of Finance and Administration is authorized to establish a fee for use of such 1-900 toll service that is sufficient to cover the expenses of operating such a service, and all revenues derived from the operation of such 1-900 toll service shall be deposited to the State Central Services Fund Account for support of such service. Nothing herein shall be construed as to require the Department of Finance and Administration to establish a 1-900 toll service for the purposes specified herein if an appropriation is not enacted to authorize the expenditure of funds generated by such service for its support.”

Amendments. The 2009 amendment by No. 445 deleted (a)(4); and added (h).

The 2009 amendment by No. 483 substituted “A court of this state shall not have” for “No court of this state shall have” in (c)(2)(B)(iii).

The 2017 amendment added (a)(1)(B) and redesignated (a)(1) as (a)(1)(A); and added (a)(3)(B) and redesignated (a)(3) as (a)(3)(A).

27-14-2303. Disclosure requirements.

1. When any dealer in this state offers for sale a motor vehicle which carries a title branded pursuant to this subchapter, the dealer shall disclose to any prospective buyer or purchaser prior to sale the nature of the title brand and shall furnish him or her a description of the damage sustained by the motor vehicle on file with the Office of Motor Vehicle.
2. The disclosure shall be on a buyer's notification form to be prescribed by the Consumer Protection Division of the Office of the Attorney General.
3. 1. The form shall be fully filled out and affixed to a side window of the motor vehicle with the title “Buyer's Notification” facing to the outside.
  2. The form may be removed temporarily from the window during any test drive, but it shall be replaced as soon as the test drive is over.
1. When any motor vehicle owner who is not a dealer knowingly offers for sale or trade a motor vehicle which carries a title branded pursuant to this subchapter, the owner shall disclose to any prospective buyer or purchaser prior to the sale or trade the nature of the title brand and shall furnish him or her a description of the damage sustained by the motor vehicle as on file with the Office of Motor Vehicle.
2. The disclosure shall be on a buyer's notification form to be prescribed by the division.
1. The form to be prescribed by the division shall have an acknowledgment section that the seller shall require the buyer to sign prior to completing a sales transaction on a motor vehicle that carries a branded title.
2. The seller shall retain a copy of the signed notification form.
1. Failure of the seller to procure the buyer's acknowledgment signature shall render the sale voidable at the election of the buyer.
2. The election to render the sale voidable shall be limited to sixty (60) days after the sales transaction.
3. The buyer's right to render voidable the purchase is in addition to any other right or remedy which may be available to the buyer. In the event that the seller makes full refund of the purchase price to the buyer within ten (10) days after receipt of the buyer's election to void the sales transaction, the seller shall be subject to no further liability in connection with the sales transaction.

History. Acts 1993, No. 614, § 3; 1995, No. 620, § 1; 1999, No. 1303, § 1; 1999, No. 1572, § 1.

Case Notes

Evidence.

A car buyer properly elected to void the sale of a car where the sellers violated this section by failing to furnish the buyer with a description of damage sustained to the car on a buyer's notification form and by failing to procure the buyer's acknowledgment signature on a buyer's notification form. Auto Connection, Inc. v. Gardner, 73 Ark. App. 154, 41 S.W.3d 417 (2001).

27-14-2304. Violations — Penalties.

Any repairer, rebuilder, or restorer who pleads guilty or nolo contendere to or who is found guilty of failing to provide to a motor vehicle owner the sworn statement required by § 27-14-2302 to be submitted to the Office of Motor Vehicle, or, if the repairer, rebuilder, or restorer is the motor vehicle owner, failing to submit the sworn statement required by § 27-14-2302 to be submitted to the office, or any motor vehicle owner who conceals or attempts to conceal the fact that the motor vehicle has been damaged from any prospective buyer or transferee in violation of this subchapter shall be guilty of a Class A misdemeanor and shall be punished as provided by law.
Any dealer who pleads guilty or nolo contendere to or who is found guilty of failing to disclose the information provided for in § 27-14-2302 or any motor vehicle owner who conceals or attempts to conceal the fact that the motor vehicle has been damaged from any prospective buyer or purchaser in violation of this subchapter shall be guilty of a Class A misdemeanor and shall be punished as provided by law.
Any sale, attempted sale, or transfer of a motor vehicle in violation of the provisions of this subchapter shall constitute an unfair or deceptive act or practice under the provisions of the Deceptive Trade Practices Act, § 4-88-101 et seq.

History. Acts 1993, No. 614, § 4.

27-14-2305. Brand on motor vehicle title.

The provisions of this subchapter shall not apply to motor vehicles more than seven (7) model years old before the calendar year of the occurrence.
A title that is branded under this subchapter shall retain the brand on the title for the life of the motor vehicle.

History. Acts 1993, No. 614, § 5; 1999, No. 1572, § 2; 2007, No. 410, § 3; 2017, No. 651, § 2.

Amendments. The 2017 amendment substituted “Brand on motor vehicle title” for “Applicability of subchapter” in the section heading; inserted “motor” in (b); and made stylistic changes.

27-14-2306. Exemption from sales or use tax.

Any person licensed by the State of Arkansas as a dealer in motor vehicles who is required under the provisions of this subchapter to register and title a motor vehicle in the name of the dealership shall be exempt from the payment of sales or use taxes on the transaction.

History. Acts 1993, No. 614, § 6.

Cross References. Payment and collection of taxes on new and used motor vehicles, trailers, or semitrailers, § 26-53-126.

27-14-2307. Rules.

The Secretary of the Department of Finance and Administration shall promulgate necessary rules for the proper enforcement and administration of this subchapter.

History. Acts 1993, No. 614, § 7; 2019, No. 315, § 3109; 2019, No. 910, § 4626.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-14-2308. Alternative procedure to obtain title for a total loss settlement.

If an insurance company makes a total loss settlement on a motor vehicle, the owner or lienholder of the motor vehicle shall forward the properly endorsed certificate of title to the insurance company within fifteen (15) days after receipt of the settlement funds.
1. If an insurance company is unable to obtain the properly endorsed certificate of title within thirty (30) days after disbursing a total loss settlement payment for a motor vehicle that does not have a lien or encumbrance, the insurance company or its agent may request the Office of Motor Vehicle issue a salvage certificate of title or a parts-only certificate of title for the motor vehicle.
2. The request shall:
  1. Be submitted on each form required by and provided by the office;
  2. Document that the insurance company has made at least two (2) written attempts to obtain the certificate of title and include the documentation with the request;
  3. Include any fees applicable to the issuance of a salvage certificate of title or a parts-only certificate of title; and
  4. Be signed under penalty of perjury.
1. If an insurance company is unable to obtain the properly endorsed certificate of title within thirty (30) days after disbursing a total loss settlement payment for a motor vehicle that has a lien or encumbrance, the insurance company or its agent shall submit documentation to the office from the claims file that establishes the lienholder's interest was protected in the total loss indemnity payment for the claim.
2. The documentation under subdivision (c)(1) of this section shall be:
  1. Submitted with a request for a salvage certificate of title or a parts-only certificate of title for the motor vehicle; and
  2. In addition to the requirements under subdivision (b)(2) of this section.
Upon receipt of a properly endorsed certificate of title or a properly executed request under subsection (b) of this section, the office shall issue a salvage certificate of title or a parts-only certificate of title for the motor vehicle in the name of the insurance company.
The office may promulgate rules and forms for the administration of this section.

History. Acts 2011, No. 285, § 1.

Subchapter 24 — Temporary Registration Exemption

27-14-2401 — 27-14-2404. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2001, No. 448, § 1. The subchapter was derived from the following sources:

27-14-2401. Acts 1997, No. 452, § 1.

27-14-2402. Acts 1997, No. 452, § 2.

27-14-2403. Acts 1997, No. 452, § 3.

27-14-2404. Acts 1997, No. 452, § 4.

Chapter 15 Registration and Licensing — Special Uses

Publisher's Notes. This chapter and Chapter 14 of this title may be considered as the “Motor Vehicle Code” of Arkansas.

Cross References. Registration and licensing — Generally, § 27-14-101 et seq.

Special personalized prestige license plates generally, § 27-14-1101 et seq.

Subchapter 1 — General Provisions

Effective Dates. Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-15-101. Decal for deaf persons.

The Department of Finance and Administration shall provide a motor vehicle license plate decal for deaf persons upon the payment of a fee of one dollar ($1.00) and satisfactory proof that the person's average loss in the speech frequencies of five hundred hertz to two thousand hertz (500 Hz-2,000 Hz) in the better ear is eighty-six decibels (86 dB) or worse by the International Organization for Standardization.
The department shall design a decal to indicate that the operator of the motor vehicle may be deaf.
The decals shall be made available beginning September 1, 1985.

History. Acts 1985, No. 116, § 1; A.S.A. 1947, § 75-297; Acts 2005, No. 2202, § 2.

27-15-102. [Repealed.]

Publisher's Notes. This section, concerning surviving spouses eligible for certain specialty license plates, was repealed by Acts 2005, No. 2202, § 2. The section was derived from Acts 2001, No. 1524, § 1.

Subchapter 2 — Handicapped Persons Generally [Repealed]

27-15-201 — 27-15-203. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 1991, No. 656, § 14. The subchapter was derived from the following sources:

27-15-201. Acts 1979, No. 224, § 1; A.S.A. 1947, § 75-294.

27-15-202. Acts 1979, No. 224, § 3; A.S.A. 1947, § 75-294.2.

27-15-203. Acts 1979, No. 224, § 2; A.S.A. 1947, § 75-294.1.

Subchapter 3 — Access to Parking for Persons with Disabilities Act

Effective Dates. Acts 1985, No. 907, § 14: Apr. 15, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the providing of reasonable access to public and private buildings by handicapped persons is essential to the health, safety and welfare of such persons; that it is the public policy of this State that public buildings and buildings with public access meet architectural standards to accommodate the severely and permanently handicapped; and that the immediate passage of this Act is necessary to make reasonable and necessary provisions for providing parking facilities and access to public buildings and buildings of public accommodations by handicapped persons. Therefore, an emergency is hereby declared to exist, and this Act being immediately necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 2005, No. 2202, § 3: Apr. 13, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the current special license plate law is being challenged in federal court on constitutional grounds; that a reclassification of the special license plates was necessary to resolve current and future issues with the special license plates; and that this act is to immediately necessary to implement a special license plate law that transfers the authority for approving the issuance of new special license plates to the Director of the Department of Finance and Administration, to continue the special license plates that existed on or before the effective date of this act, and to authorize the Department of Finance and Administration to administratively reissue each type of special license plate that is continued under this chapter. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2013, No. 1292, § 4: January 1, 2014.

Acts 2017, No. 799, § 10: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017. “(b) Sections 3, 4, and 9 of this act are effective on and after January 1, 2019.”

27-15-301. Title.

This subchapter shall be known as the “Access to Parking for Persons with Disabilities Act”.

History. Acts 1985, No. 907, § 1; A.S.A. 1947, § 75-296.3; Acts 1991, No. 656, § 1; 2005, No. 2202, § 2.

27-15-302. Definitions.

As used in this subchapter:

“Access aisle” means a ramp designed, constructed, and marked for access by a mobility-impaired person, a striped or marked passenger loading and unloading area, or a striped access area adjacent to a parking space designed and marked for access by mobility-impaired or sight-impaired persons;
“Office” means the Office of Motor Vehicle;
1. “Permanent disability” means a medically determined condition that is continuous without the possibility of improvement and that substantially impacts a person's mobility.
2. “Permanent disability” includes:
  1. A spinal cord injury;
  2. A genetic ambulatory disorder;
  3. An amputation;
  4. Spina bifida;
  5. Multiple sclerosis;
  6. Chronic heart disease; or
  7. Any other medically determined permanent condition that substantially impacts a person's mobility;
“Person with a disability” means any individual who, as determined by a licensed physician:
1. Cannot walk one hundred feet (100') without stopping to rest;
2. Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device;
3. Is restricted by lung disease to such an extent that the person's forced respiratory expiratory volume for one (1) second, when measured by spirometry, is less than one liter (1 L), or the arterial oxygen tension is less than sixty millimeters of mercury (60 mmHg) on room air at rest;
4. Uses portable oxygen; or
5. Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association;
“Private agency” means any person, firm, association, organization, or entity, other than a public agency doing business with or providing accommodations for the public, whose customary and normal operations include the providing of parking spaces as a means of accommodating the general public or a select clientele or membership;
“Public agency” means any department, office, or agency of the State of Arkansas or any city, county, school district, or other public agency of this state or of its political subdivisions; and
“Van-accessible parking decal” means:
1. A designated special decal to be affixed to a special license plate, special certificate, or temporary special certificate and displayed on a vehicle that is:
  1. Used to transport a person who has limited or no use of his or her legs; and
  2. Used to transport a wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker with a seat, or a similar device; and
2. Indicia of authorization for the use of a van-accessible parking space.

History. Acts 1985, No. 907, § 2; A.S.A. 1947, § 75-296.4; Acts 1991, No. 656, § 2; 1999, No. 1503, § 1; 2005, No. 2202, § 2; 2007, No. 753, § 8; 2017, No. 799, § 1.

Amendments. The 2017 amendment added (7).

Effective Dates. Acts 2017, No. 799, § 10(a): Nov. 13, 2017. Effective date clause provided: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017.”

27-15-303. Applicability.

The provisions of this subchapter shall apply only to:
1. Passenger vehicles, including automobiles; and
2. Light trucks, including vans, with a three-fourths (¾) ton or less manufacturer's rated capacity if the vehicle is specially adapted for use by persons with disabilities through the use of a lift, ramp, hand controls, etc.
The provisions of this section may be waived if the applicant can document that a larger vehicle or special purpose vehicle would otherwise be eligible to display the special license plate or special certificate.

History. Acts 1985, No. 907, § 5; A.S.A. 1947, § 75-296.7; Acts 1991, No. 656, § 3; 2005, No. 2202, § 2.

27-15-304. Temporary special certificate.

1. A person with a disability, which, as determined by a licensed physician, is temporary in nature as opposed to permanent, may apply to the Office of Motor Vehicle for a temporary person-with-a-disability special certificate, which may include a temporary van-accessible parking decal, and, upon request, one (1) additional temporary special certificate, which may include an additional van-accessible parking decal.
2. Provided further, a person to whom has been issued a special license plate or a special certificate may obtain one (1) temporary special certificate.
3. The intent in this section is to provide any person with a disability at least one (1), but not more than two (2), special indicia authorizing the use of parking spaces reserved exclusively for persons with disabilities.
The temporary special certificate shall conform in size, color, and construction as may be specified by federal rules issued by the United States Secretary of Transportation, pursuant to Pub. L. No. 100-641.
When the temporary special certificate is displayed on the inside rearview mirror, or the dashboard if the vehicle is of a type that does not have an inside rearview mirror, of a vehicle described in § 27-15-303 that is transporting the person to whom the temporary special certificate was issued, the owner or operator of the motor vehicle shall be entitled to the same parking privileges as the owner or operator of a vehicle bearing a special license plate provided under § 27-15-308(a).
The temporary special certificate shall be issued free of charge and shall expire three (3) months from the last day of the month in which it is issued.

History. Acts 1991, No. 656, § 8; 2005, No. 2202, § 2; 2017, No. 799, § 2.

Publisher's Notes. Former § 27-15-304, concerning the exclusion of temporary disability, was repealed by Acts 1991, No. 656, § 14. The former section was derived from Acts 1985, No. 907, § 5; A.S.A. 1947, § 75-296.7.

Amendments. The 2017 amendment, in (a)(1), inserted “which may include a temporary van-accessible parking decal” and “which may include an additional van-accessible parking decal”.

U.S. Code. Pub. L. No. 100-641, referred to in this section, is codified as a note under 23 U.S.C. § 402.

Effective Dates. Acts 2017, No. 799, § 10(a): Nov. 13, 2017. Effective date clause provided: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017.”

27-15-305. Penalties.

Any individual who provides false information in order to acquire or who assists an unqualified person in acquiring the special license plate or the special certificate and any person who abuses the privileges granted by this subchapter shall be deemed guilty of a Class A misdemeanor.
1. A motor vehicle found to be parked in an area designated for the exclusive use of a person with a disability, including the access aisle, may be impounded by a law enforcement agency if the motor vehicle:
  1. Does not display a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter; or
  2. Displays a special license plate, special certificate, van-accessible parking decal, or similar official designation of another state authorized in this subchapter but is operated by a person who is not:
    1. A person with a disability who is authorized to park in the designated area; or
    2. Transporting a person with a disability who is authorized to park in the designated area.
2. 1. In addition, the owner of the vehicle shall upon conviction be subject to a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the first offense and not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for the second and subsequent offenses, plus applicable towing, impoundment, and related fees as well as court costs.
  2. The fine for a first offense shall be reduced to one hundred dollars ($100) upon successful completion of a class designed by the Office of Motor Vehicle in consultation with the Governor's Commission on People with Disabilities to promote awareness of the need for compliance with parking and related public accommodation requirements under the Americans with Disabilities Act of 1990, Pub. L. No. 101-336.
3. 1. Upon the second or subsequent conviction, the court shall suspend the driver's license for up to six (6) months.
  2. The driver may apply to the Office of Driver Services for a restricted license during the period of suspension. The Office of Driver Services shall determine the conditions of the restricted license or may deny the request for a restricted license after reviewing the driving record and circumstances of the driver.
1. Fifty percent (50%) of all fines collected under this section in district court shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the section, for deposit into the Governor's Commission on People with Disabilities Fund to be used as follows:
  1. Thirty percent (30%) for scholarship awards to persons with disabilities; and
  2. Twenty percent (20%) towards educating the public about accessible parking, including without limitation:
    1. Public awareness campaigns;
    2. Public service announcements;
    3. Distribution of pamphlets; or
    4. Social media.
2. Fifty percent (50%) of the fines collected in district court under this section shall be paid by the tenth day of each month to the city general fund of the town or city in which the violation occurred to assist that political subdivision in paying the expenses it incurs in complying with requirements of the Americans with Disabilities Act of 1990, Pub. L. No. 101-336.

History. Acts 1985, No. 907, § 12; A.S.A. 1947, § 75-296.14; Acts 1987, No. 59, § 5; 1991, No. 656, § 4; 1999, No. 1503, § 2; 2001, No. 609, § 1; 2003, No. 1765, § 33; 2005, No. 1934, § 18; 2005, No. 2202, § 2; 2017, No. 799, §§ 3, 4.

Amendments. The 2017 amendment rewrote (b)(1); added (b)(2)(B) and redesignated former (b)(2) as (b)(2)(A); in (b)(2)(A), substituted “two hundred fifty dollars ($250)” for “one hundred dollars ($100)” and “five hundred dollars ($500)” for “two hundred fifty dollars” ($250)” following the second occurrence of “not less than”; rewrote (c)(1); in (c)(2), substituted “Fifty percent (50%)” for “Seventy percent (70%)”, deleted “or city court” following “district court”, substituted “Pub. L. No. 101-336” for “42 U.S.C. 12101 et seq.” at the end; and made a stylistic change.

Effective Dates. Acts 2017, No. 799, § 10(b): Jan. 1, 2019. Effective date clause provided: “(b) Sections 3, 4, and 9 of this act are effective on and after January 1, 2019.”

27-15-306. Enforcement.

Any law enforcement official in this state may enter upon any public parking space, public parking lot, or public parking facility in this state for the purpose of enforcing the provisions of this subchapter with respect to accessible parking for a person with a disability.
Any law enforcement officer in this state may enter upon the parking space, parking lot, or parking facility of any private agency in this state for the purpose of enforcing the provisions of this subchapter with respect to accessible parking for a person with a disability.

History. Acts 1985, No. 907, § 11; A.S.A. 1947, § 75-296.13; Acts 1997, No. 208, § 30; 1999, No. 1503, § 3; 2005, No. 2202, § 2; 2007, No. 753, § 1.

27-15-307. Administration.

The Office of Motor Vehicle shall:

Develop an appropriate form, including provision for a sworn statement of disability, for use by an applicant to request issuance of the special license plate and the special certificate for a person with a disability;
Distribute a copy of this subchapter to all appropriate law enforcement agencies charged with enforcement of the Motor Vehicle Code;
Adopt procedures and promulgate rules to advise and inform the general public of the provisions of this subchapter and the availability of special license plates and special certificates;
Request medical information directly related to determining the eligibility of the applicant for a special license plate or special certificate, which shall be held in strict confidence. The medical information shall be required only when the applicant is applying for the initial issuance of a special license plate or special certificate authorized under the provisions of § 27-15-308;
Maintain accurate records of the annual number of special license plates and special certificates issued and in inventory;
Enter into the permanent record of each applicant the special license number or special certificate number and type of allowable disability of the applicant in a manner that will allow retrieval of the information for statistical use;
Include a notice with each application for a special license plate or special certificate informing the applicant and any other person driving for the applicant of the requirements of this subchapter and further specifically informing the applicant that the privilege to park in spaces reserved for persons with disabilities shall be available only when the person for whom the special plate or certificate was issued or a person with a disability is actually in the vehicle; and
Include on the appropriate form for use by an applicant requesting issuance of a van-accessible parking decal a provision to:
1. Obtain information to determine the eligibility of an applicant for a van-accessible parking decal; and
2. Verify with a letter from a physician stating that the person for whom the van-accessible parking decal is issued is a person with a disability that requires the use of a wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker with a seat, or a similar device that is commonly used to transport persons who have limited or no use of their legs.

History. Acts 1985, No. 907, § 5; A.S.A. 1947, § 75-296.7; Acts 1991, No. 656, § 5; 2001, No. 609, § 2; 2005, No. 2202, § 2; 2017, No. 799, § 5.

Publisher's Notes. For provisions of the Motor Vehicle Code, see A.C.R.C. Notes at the beginning of this chapter.

Amendments. The 2017 amendment added (8).

Effective Dates. Acts 2017, No. 799, § 10(a): Nov. 13, 2017. Effective date clause provided: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017.”

27-15-308. Special license plates and certificates.

1. An owner of a motor vehicle described in § 27-15-303 may apply to the Office of Motor Vehicle for issuance of one (1) special license plate, to be affixed to his or her vehicle, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is disabled under the definition of a person with a disability, as defined in § 27-15-302.
2. 1. Except as provided under subsections (d) and (e) of this section, for every application for a special license plate issued under this section, the Department of Finance and Administration shall produce a photo identification card containing a color photograph of the person with a disability who is either:
    1. Applying for the special license plate; or
    2. Being transported by the vehicle for which the special license plate is issued.
  2. The photo identification card issued under this subsection shall be carried on the person for verification of identity.
  3. This subdivision (a)(2) applies to holders of or applicants for special license plates issued under this section who do not have a valid driver's license or identification card issued under the laws of this state.
3. 1. An owner of a motor vehicle that is issued a special license plate under this section shall submit every four (4) years to the office a physician recertification of the person with a disability to be transported by the vehicle to continue to qualify for the special license plate, unless the person with a disability has a permanent disability.
  2. The photo identification card required in this subsection must be renewed every four (4) years.
4. 1. An organization that owns or leases a motor vehicle described in § 27-15-303 that is used in the business of transporting persons with disabilities may apply to the office for issuance of one (1) special license plate to be affixed to the vehicle for each vehicle used in the business.
  2. The requirements of a photo identification card and physician recertification in this subsection shall not apply to an applicant in the business of transporting persons with disabilities as described in this subsection.
1. The special license plate issued by the office shall contain the international symbol of access and shall not display the word “disabled”.
2. The special license plate shall be issued at no additional charge.
1. A person with a disability may apply to the office for a special person-with-a-disability certificate, subject to the photo identification card requirements of subsection (a) of this section.
2. The special certificate shall conform in size, color, and construction as may be specified by federal rules issued by the United States Secretary of Transportation, pursuant to Pub. L. No. 100-641.
3. When the special certificate is displayed on the inside rearview mirror, or the dashboard if the vehicle is of a type that does not have an inside rearview mirror, of a vehicle described in § 27-15-303 that is transporting the person to whom the special certificate was issued, the owner or operator of the motor vehicle shall be entitled to the same parking privileges as the owner or operator of a motor vehicle bearing a special license plate provided under subsection (a) of this section.
4. The special certificate shall be issued free of charge and shall expire four (4) years from the last day of the month in which it is issued.
5. 1. If a person to whom a special certificate or license plate has been issued moves to another state, the person shall surrender the special certificate or plate to the office.
  2. If a person to whom a special certificate or license plate has been issued dies, the special certificate or license plate shall be returned to the office within thirty (30) days after the death of the person to whom the special certificate or plate was issued.
6. 1. The photo identification card issued under this section shall be issued upon payment of a transaction fee of five dollars ($5.00) and shall expire four (4) years from the last day of the month in which it is issued.
  2. The transaction fee shall be deposited as special revenue into the State Central Services Fund to be used exclusively for the benefit of the Revenue Division of the Department of Finance and Administration.
  3. The transaction fee shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
  4. The transaction fee shall not be considered or credited to the division as direct revenue.
1. In lieu of the photo identification card issued under this section, a person who holds a valid driver's license or identification card issued under the laws of this state may choose to have an endorsement on his or her driver's license or identification card that authorizes parking in areas designated as parking for a person with a disability.
2. If a driver's license endorsement or identification card endorsement is chosen under this section, then the issuance and expiration of the driver's license shall correspond with the expiration date of the special person-with-a-disability certificate issued under this section.
3. 1. The office shall not charge an additional fee for adding the endorsement on a currently issued driver's license or identification card.
  2. Any person who applies for and does not currently have a driver's license or identification card and requests the endorsement shall pay only the fee required under current law for the issuance of a driver's license or identification card and shall not pay an additional fee for the endorsement.
1. A person who is a resident of a facility that provides long-term medical care or personal care is not required to obtain a photo identification card that displays a photograph of the person with a disability but instead shall carry on the person documentation from the administrator of the facility attesting that the person is a resident of the facility.
2. This subsection applies to the following facilities, including without limitation:
  1. A licensed nursing home;
  2. A licensed residential care facility; or
  3. A licensed assisted living facility.
1. An owner of a motor vehicle described in § 27-15-303 may apply to the office for issuance of one (1) or more van-accessible parking decals to be affixed to each special license plate or special certificate, or temporary special certificate issued to the owner, if the applicant, a dependent of the applicant, or any individual who depends primarily on the applicant for more than sixty percent (60%) of his or her transportation is a person with a disability that qualifies for van accessible parking privileges as defined in § 27-15-312(a)(2)(A).
2. An applicant whose vehicle displays both a special license plate and special certificate is required to have a van-accessible parking decal affixed to the special license plate and special certificate.

History. Acts 1985, No. 907, §§ 3, 4; A.S.A. 1947, §§ 75-296.5, 75-296.6; Acts 1991, No. 656, § 6; 2001, No. 609, §§ 3, 4; 2005, No. 2202, § 2; 2007, No. 753, § 2; 2017, No. 799, § 6; 2019, No. 236, § 2.

A.C.R.C. Notes. Acts 2019, No. 236, § 3, provided: “A person who has been issued a special license plate displaying the word ‘disabled’ before the effective date of this act [July 24, 2019] is not required to return the special license plate to the Department of Finance and Administration nor required to apply for the issuance of a new special license plate that does not display the word ‘disabled’ until the renewal date of the special license plate”.

Amendments. The 2017 amendment added (f).

The 2019 amendment added “and shall not display the word ‘disabled’” in (b)(1).

U.S. Code. Pub. L. No. 100-641, referred to in this section, is codified as a note under 23 U.S.C. § 402.

Effective Dates. Acts 2017, No. 799, § 10(a): Nov. 13, 2017. Effective date clause provided: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017.”

27-15-309. [Repealed.]

Publisher's Notes. This section, concerning decals, was repealed by Acts 1991, No. 656, § 14. The section was derived from Acts 1985, No. 907, § 5; A.S.A. 1947, § 75-296.7.

27-15-310. Display of special license plate or certificate.

No vehicle licensed by the State of Arkansas to operate on the public highways shall display a special license plate issued for a vehicle owned by a person with a disability, or a facsimile thereof, unless the owner or primary user of the vehicle meets the definition of person with a disability as defined in § 27-15-302.
No vehicle shall display the special certificate unless the vehicle is being used for the purpose of transporting the person with a disability to whom the special certificate was issued.
No vehicle shall display a special license plate with a van-accessible parking decal or a special certificate with a van-accessible parking decal unless the vehicle is being used for the purpose of transporting the person with a disability for whom the van-accessible parking decal was issued.

History. Acts 1985, No. 907, § 6; A.S.A. 1947, § 75-296.8; Acts 1991, No. 656, § 7; 2005, No. 2202, § 2; 2017, No. 799, § 7.

Amendments. The 2017 amendment added (c).

Effective Dates. Acts 2017, No. 799, § 10(a): Nov. 13, 2017. Effective date clause provided: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017.”

27-15-311. Reciprocity.

Any motor vehicle licensed in another state which exhibits a special license plate or other special authorized vehicle designations issued by licensing authorities of other states for vehicles used in the transportation of persons with disabilities shall be accorded the privileges as provided in this subchapter for similar vehicles licensed in this state, as is required under the provisions of Pub. L. No. 100-641, and rules issued pursuant thereto by the Secretary of Transportation.

History. Acts 1985, No. 907, § 6; A.S.A. 1947, § 75-296.8; Acts 1991, No. 656, § 9; 1995, No. 1296, § 91; 2005, No. 2202, § 2.

U.S. Code. Pub. L. No. 100-641, referred to in this section, is codified as a note under 23 U.S.C. § 402.

27-15-312. Parking privileges — Exceptions.

1. A vehicle displaying a van-accessible parking decal, a special license plate, a special certificate, or a temporary special certificate and being used for the actual transporting of a person with a disability is permitted exclusive parking privileges in those areas designated for parking only by persons with the van-accessible parking decal, special license plate, or special certificate.
2. 1. Except as provided under subdivision (a)(2)(B) of this section, a parking space reserved for a person with a disability that is designated as “van accessible” shall be used exclusively by a vehicle that:
    1. Loads or unloads a wheelchair, a three-wheeled or four-wheeled scooter, a four-wheeled walker with a seat, or a similar device that is commonly used to transport a person who has limited or no use of his or her legs; and
    2. Displays a van-accessible parking decal.
  2. If the parking lot or parking facility has only one (1) parking space reserved for a person with a disability, then the limitation of use under subdivision (a)(2)(A) of this section does not apply.
1. The provisions of this subchapter pertaining to parking privileges for persons with disabilities shall supersede any local ordinances where they conflict.
2. However, any county or municipality may enact local ordinances to provide for restrictions on parking privileges for all persons which also shall be applicable to persons with disabilities when the local ordinances apply:
  1. To zones where stopping, standing, or parking is prohibited for all vehicles;
  2. To the prohibition of parking during heavy traffic periods such as rush hours or where parking would clearly present a traffic hazard for the general public;
  3. To parking zones restricted as to the length of parking time permitted;
  4. To zones reserved for special types of vehicles, except for those zones authorized for exclusive use by emergency vehicles or ambulances, or authorized as bus stop areas or loading zones; and
  5. 1. To any parking meter fees levied by any local ordinances of any political subdivision in this state.
    2. Provided, any county or municipality may by ordinance waive parking meter fees for a vehicle displaying a special license plate or special certificate and being used for the actual transporting of a person with a disability.

History. Acts 1985, No. 907, § 7; A.S.A. 1947, § 75-296.9; Acts 1987, No. 59, § 1; 1991, No. 656, § 10; 1995, No. 780, § 1; 1997, No. 124, § 1; 2003, No. 1353, § 1; 2005, No. 2202, § 2; 2007, No. 753, § 3; 2017, No. 799, § 8.

Amendments. The 2017 amendment, in (a)(1), inserted “a van-accessible parking decal”, inserted “or a temporary special certificate”, and substituted “the van-accessible parking decal, special license plate, or special certificate” for “disabilities” at the end; redesignated part of (a)(2)(A) as (a)(2)(A)(i); added (a)(2)(A)(ii); inserted “a four-wheeled walker with a seat” in (a)(2)(A)(i); and made stylistic changes.

Effective Dates. Acts 2017, No. 799, § 10(a): Nov. 13, 2017. Effective date clause provided: “(a) Sections 1, 2, 5, 6, 7, and 8 of this act are effective on and after November 13, 2017.”

27-15-313. [Repealed.]

Publisher's Notes. This section, concerning parking facilities on public property, was repealed by Acts 1999, No. 1503, § 6. The section was derived from Acts 1985, No. 907, § 8; A.S.A. 1947, § 75-296.10; Acts 1987, No. 59, § 2; 1991, No. 656, § 11.

27-15-314. Parking spaces by private agencies.

1. Any business firm or other person licensed to do business with the public or owning or operating a business that provides parking access to the public may provide specially designated and marked motor vehicle parking spaces for the exclusive use of persons with disabilities who have been issued a special license plate or special certificate.
2. Private businesses that provide parking access intended for use by the public that are constructed after January 1, 1992, and private businesses that undertake significant physical modifications or alterations of their premises after January 1, 1992, shall provide parking spaces in such number and otherwise in accordance with the standards set forth in rules promulgated by the Department of Finance and Administration that would be consistent with Pub. L. No. 100-641 and rules issued pursuant thereto by the United States Secretary of Transportation.
The minimum number of parking spaces shall comply with the requirements of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.

History. Acts 1985, No. 907, § 9; A.S.A. 1947, § 75-296.11; Acts 1987, No. 59, § 3; 1991, No. 656, § 12; 1999, No. 1503, § 4; 2001, No. 609, § 5; 2005, No. 2202, § 2; 2019, No. 315, § 3110.

Amendments. The 2019 amendment substituted the first occurrence of “rules” for “regulations” in (a)(2).

U.S. Code. Public Law 100-641, referred to in this section, is codified as a note under 23 U.S.C. § 402.

27-15-315. Signs regulatory in nature.

For the purposes of this subchapter and for the purposes of enforcing any law of this state relating to penalizing an owner or operator who parks a vehicle in a space designated for use by a person with a disability and whose vehicle does not properly and legally display a special license plate, a van-accessible parking decal, or a special certificate provided under this subchapter, it shall be presumed that:
1. The identification of areas designated for use by persons with disabilities is regulatory in nature;
2. The identified areas are intended for exclusive use by persons with disabilities whose vehicles are properly identified;
3. Penalties shall be imposed on the owner or operator of a vehicle that is not properly identified and is parked in one (1) of those areas designated for parking only by persons with disabilities.
1. Any of the following designations that are displayed on each parking space for persons with disabilities and visible to the driver's eye level shall be enforced as provided under this subchapter and are regulatory in nature:
  1. A sign that displays the blue and white international symbol of access accompanied by one (1) or more of the phrases referenced under subdivision (b)(1)(B) of this section;
  2. A sign that states any of the following:
    1. “Disabled Parking”;
    2. “Van Accessible”;
    3. “Handicapped Parking”;
    4. “Reserved for Handicapped”;
    5. “Reserved Parking” with the blue and white international symbol of access; or
    6. “Permit Required — Towing Enforced”; or
  3. A sign that is compliant with R7-8, R7-8a, or R7-8b of the Manual on Uniform Traffic Control Devices promulgated by the Federal Highway Administration.
2. Corresponding pavement markings of the blue and white international symbol of access are preferred but not required for enforcement of this subchapter.

History. Acts 1985, No. 907, § 10; A.S.A. 1947, § 75-296.12; Acts 1987, No. 59, § 4; 1991, No. 656, § 13; 2005, No. 2202, § 2; 2007, No. 753, § 4; 2017, No. 799, § 9.

Amendments. The 2017 amendment rewrote (a).

Effective Dates. Acts 2017, No. 799, § 10(b): Jan. 1, 2019. Effective date clause provided: “(b) Sections 3, 4, and 9 of this act are effective on and after January 1, 2019.”

27-15-316. Disabled veterans.

As used in this section, “disabled veteran” means a person who meets the definition of disabled veteran, disabled veteran — nonservice injury, or disabled veteran — World War I, under § 27-24-203.
A vehicle that meets the following conditions is permitted parking privileges in those areas designated for parking only by a person with a disability under this subchapter:
1. The vehicle must display a disabled veteran special license plate issued to a disabled veteran by the Department of Finance and Administration under § 27-24-204(a)(1), § 27-24-204(a)(2), or § 27-24-204(a)(3), or a valid disabled veteran license plate issued by another state; and
2. The vehicle must be in use for the actual transporting of a disabled veteran.

History. Acts 2007, No. 349, § 1; 2013, No. 1292, § 1.

Amendments. The 2013 amendment rewrote (a).

27-15-317. Reporting misuse.

The Office of Motor Vehicle may develop and implement a means by which a person may report, by telephone hotline or by submitting a form online or by mail, the alleged misuse of the privileges conferred by a:
1. Special license plate;
2. Special certificate; or
3. Parking space designated exclusively for parking by persons with disabilities.
The office shall promulgate rules for the proper implementation of this section.

History. Acts 2017, No. 1003, § 1.

Subchapter 4 — Disabled Veterans — In General [Repealed]

27-15-401 — 27-15-408. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-401. Acts 1969, No. 36, § 2; A.S.A. 1947, § 75-266.4.

27-15-402. Acts 1969, No. 36, § 5; A.S.A. 1947, § 75-266.7; Acts 1999, No. 1503, § 5.

27-15-403. Acts 1969, No. 36, § 1; A.S.A. 1947, § 75-266.3.

27-15-404. Acts 1969, No. 36, § 3; A.S.A. 1947, § 75-266.5.

27-15-405. Acts 1969, No. 36, § 4; 1979, No. 56, § 1; 1981, No. 405, § 1; A.S.A. 1947, §§ 75-261.1, 75-266.6.

27-15-406. Acts 1969, No. 36, § 3; A.S.A. 1947, § 75-266.5.

27-15-407. Acts 1995, No. 310, § 1; 1997, No. 1327, § 1.

27-15-408. Acts 2003, No. 206, § 1.

Subchapter 5 — Disabled Veterans — License for Furnished Automobiles [Repealed]

27-15-501 — 27-15-506. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-501. Acts 1949, No. 7, § 7; A.S.A. 1947, § 75-266.

27-15-502. Acts 1949, No. 7, § 1; 1949, No. 322, § 1; A.S.A. 1947, § 75-261.

27-15-503. Acts 1949, No. 7, § 6; 1979, No. 56, § 1; 1981, No. 405, § 1; A.S.A. 1947, §§ 75-261.1, 75-265.

27-15-504. Acts 1949, No. 7, § 3; A.S.A. 1947, § 75-263.

27-15-505. Acts 1949, No. 7, § 2; A.S.A. 1947, § 75-262.

27-15-506. Acts 1949, No. 7, § 5; A.S.A. 1947, § 75-264.

Subchapter 6 — Disabled Veterans — World War I [Repealed]

27-15-601 — 27-15-603. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-601. Acts 1969, No. 57, § 2; A.S.A. 1947, § 75-266.2.

27-15-602. Acts 1969, No. 57, § 1; A.S.A. 1947, § 75-266.1.

27-15-603. Acts 1979, No. 56, § 1; 1981, No. 405, § 1; A.S.A. 1947, § 75-261.1.

Subchapter 7 — Disabled Veterans — Nonservice Injuries [Repealed]

27-15-701, 27-15-702. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-701. Acts 1979, No. 30, § 1; A.S.A. 1947, § 75-266.17; Acts 1997, No. 208, § 31.

27-15-702. Acts 1979, No. 30, § 2; A.S.A. 1947, § 75-266.18.

Subchapter 8 — Medal of Honor Recipients [Repealed]

27-15-801 — 27-15-807. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-801. Acts 1977, No. 207, § 1; A.S.A. 1947, § 75-266.8.

27-15-802. Acts 1977, No. 207, § 2; A.S.A. 1947, § 75-266.9.

27-15-803. Acts 1977, No. 207, § 4; A.S.A. 1947, § 75-266.11.

27-15-804. Acts 1977, No. 207, § 3; A.S.A. 1947, § 75-266.10.

27-15-805. Acts 1977, No. 207, § 4; A.S.A. 1947, § 75-266.11.

27-15-806. Acts 1977, No. 207, § 5; A.S.A. 1947, § 75-266.12.

27-15-807. Acts 1995, No. 310, § 2.

Subchapter 9 — Purple Heart Recipients [Repealed]

27-15-901 — 27-15-903. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-901. Acts 1985, No. 891, § 1; A.S.A. 1947, § 75-295.8; Acts 1989, No. 343, § 1; 1991, No. 377, § 1; 1997, No. 269, § 1.

27-15-902. Acts 1985, No. 891, § 2; A.S.A. 1947, § 75-295.9.

27-15-903. Acts 1985, No. 891, § 3; A.S.A. 1947, § 75-295.10.

Subchapter 10 — Ex-Prisoners of War [Repealed]

27-15-1001 — 27-15-1007. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1001. Acts 1979, No. 7, § 1; A.S.A. 1947, § 75-266.13.

27-15-1002. Acts 1979, No. 7, §§ 1, 2; A.S.A. 1947, §§ 75-266.13, 75-266.14; Acts 1995, No. 1296, § 92; 1997, No. 270, § 1.

27-15-1003. Acts 1979, No. 7, § 1; A.S.A. 1947, § 75-266.13.

27-15-1004. Acts 1979, No. 56, § 1; 1981, No. 405, § 1; A.S.A. 1947, § 75-261.1.

27-15-1005. Acts 1979, No. 7, § 3; A.S.A. 1947, § 75-266.15.

27-15-1006. Acts 1979, No. 7, § 4; A.S.A. 1947, § 75-266.16.

27-15-1007. Acts 1987, No. 61, § 1.

Subchapter 11 — Military Reserve [Repealed]

27-15-1101 — 27-15-1107. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1101. Acts 1981, No. 475, § 4; A.S.A. 1947, § 75-295.3.

27-15-1102. Acts 1981, No. 475, §§ 1, 3; A.S.A. 1947, §§ 75-295, 75-295.2.

27-15-1103. Acts 1981, No. 475, § 2; A.S.A. 1947, § 75-295.1.

27-15-1104. Acts 1981, No. 475, § 3; A.S.A. 1947, § 75-295.2.

27-15-1105. Acts 1981, No. 475, § 1; A.S.A. 1947, § 75-295.

27-15-1106. Acts 1981, No. 475, § 1; A.S.A. 1947, § 75-295.

27-15-1107. Acts 1981, No. 475, § 3; A.S.A. 1947, § 75-295.2.

Subchapter 12 — United States Armed Forces Retired [Repealed]

27-15-1201 — 27-15-1204. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1201. Acts 1985, No. 157, § 4; A.S.A. 1947, § 75-295.7.

27-15-1202. Acts 1985, No. 157, §§ 1, 3; A.S.A. 1947, §§ 75-295.4, 75-295.6; Acts 1991, No. 31, § 1; 1991, No. 372, § 1; 1993, No. 613, § 1; 2001, No. 1269, § 1.

27-15-1203. Acts 1985, No. 157, § 2; A.S.A. 1947, § 75-295.5.

27-15-1204. Acts 1985, No. 157, § 3; A.S.A. 1947, § 75-295.6.

Subchapter 13 — Public Use Vehicles — Local Government [Repealed]

27-15-1301 — 27-15-1303. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1301. Acts 1943, No. 144, § 6; A.S.A. 1947, § 75-245.

27-15-1302. Acts 1943, No. 144, § 1; A.S.A. 1947, § 75-240.

27-15-1303. Acts 1943, No. 144, §§ 2, 3, 6; A.S.A. 1947, §§ 75-241, 75-242, 75-245.

27-15-1304. [Repealed.]

Publisher's Notes. This section, concerning payment of gross receipts tax required, was repealed by Acts 1995, No. 555, § 1. The section was derived from Acts 1943, No. 144, § 5; A.S.A. 1947, § 75-244.

27-15-1305. [Repealed.]

Publisher's Notes. This section, concerning term, design, and attachment of plates, was repealed by Acts 2005, No. 2202, § 2. The section was derived from Acts 1943, No. 144, § 4; A.S.A. 1947, § 75-243; Acts 1989, No. 278, § 1.

Subchapter 14 — Public Use Vehicles — State Government [Repealed]

27-15-1401. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 1933, No. 92, §§ 3, 4; Pope's Dig., §§ 6616, 6617; A.S.A. 1947, §§ 75-246, 75-247.

Subchapter 15 — Public Use Vehicles — Federal Government [Repealed]

27-15-1501. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 1929, No. 65, § 35; Pope's Dig., § 6635; A.S.A. 1947, § 75-248.

Subchapter 16 — Members of General Assembly [Repealed]

27-15-1601 — 27-15-1606. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1601. Acts 1955, No. 213, § 1; A.S.A. 1947, § 75-270.

27-15-1602. Acts 1955, No. 213, § 3; 1959, No. 11, § 1; A.S.A. 1947, § 75-272.

27-15-1603. Acts 1955, No. 213, § 2; 1963, No. 195, § 1; 1971, No. 253, § 1; A.S.A. 1947, § 75-271; Acts 1991, No. 1041, § 1.

27-15-1604. Acts 1955, No. 213, § 1; A.S.A. 1947, § 75-270.

27-15-1605. Acts 1955, No. 213, § 4; A.S.A. 1947, § 75-273; Acts 1991, No. 1041, § 2.

27-15-1606. Acts 1985, No. 140, §§ 1, 2; A.S.A. 1947, §§ 75-273.1, 75-273.2; Acts 1991, No. 1041, § 3.

Subchapter 17 — Game and Fish Commission [Repealed]

27-15-1701 — 27-15-1703. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1701. Acts 1985, No. 298, § 1; A.S.A. 1947, § 75-297.1.

27-15-1702. Acts 1985, No. 298, § 2; A.S.A. 1947, § 75-297.2.

27-15-1703. Acts 1985, No. 298, § 3; A.S.A. 1947, § 75-297.3.

Subchapter 18 — Volunteer Rescue Squads [Repealed]

27-15-1801 — 27-15-1805. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1801. Acts 1969, No. 315, § 2; A.S.A. 1947, § 75-290.

27-15-1802. Acts 1969, No. 315, § 1; A.S.A. 1947, § 75-289.

27-15-1803. Acts 1969, No. 315, § 1; A.S.A. 1947, § 75-289.

27-15-1804. Acts 1969, No. 315, § 1; A.S.A. 1947, § 75-289.

27-15-1805. Acts 1969, No. 315, § 3; A.S.A. 1947, § 75-291.

Subchapter 19 — Religious Organizations [Repealed]

27-15-1901 — 27-15-1906. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-1901. Acts 1947, No. 45, § 3; A.S.A. 1947, § 75-213.

27-15-1902. Acts 1947, No. 45, § 6; A.S.A. 1947, § 75-216.

27-15-1903. Acts 1947, No. 45, §§ 1, 2; A.S.A. 1947, §§ 75-211, 75-212.

27-15-1904. Acts 1947, No. 45, §§ 2, 6; A.S.A. 1947, §§ 75-212, 75-216.

27-15-1905. Acts 1947, No. 45, § 4; A.S.A. 1947, § 75-214.

27-15-1906. Acts 1947, No. 45, § 5; A.S.A. 1947, § 75-215.

Subchapter 20 — Youth Groups [Repealed]

27-15-2001 — 27-15-2003. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-2001. Acts 1965, No. 423, §§ 1, 2; A.S.A. 1947, §§ 75-283, 75-284.

27-15-2002. Acts 1975, No. 594, §§ 1, 2; A.S.A. 1947, §§ 75-284.1, 75-284.2.

27-15-2003. Acts 1959, No. 189, §§ 1, 2; A.S.A. 1947, §§ 75-279, 75-280.

Subchapter 21 — Orphanages [Repealed]

27-15-2101. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 1959, No. 122, §§ 1, 2; A.S.A. 1947, §§ 75-277, 75-278.

Subchapter 22 — Historic or Special Interest Vehicles

27-15-2201. Definitions.

As used in this subchapter:

“Collector” means the owner of one (1) or more motor vehicles of historic or special interest who collects, purchases, acquires, trades, or disposes of those vehicles, or parts thereof, for his or her own use in order to preserve, restore, and maintain a vehicle or vehicles for hobby purposes;
1. “Historic or special interest vehicle” means a motor vehicle of age that is essentially unaltered from the original manufacturer's specifications and that, because of its significance, is being collected, preserved, restored, or maintained by a hobbyist as a leisure pursuit.
2. “Historic or special interest vehicle” shall include a motor vehicle sometimes referred to by the classification of:
  1. Antique;
  2. Horseless carriage;
  3. Classic; or
  4. Muscle car era.
3. 1. Vehicles with modifications or deviations from the original specifications may be permitted under this classification if the modifications or deviations are of historic nature and characteristic of the approximate era to which the vehicles belong or if they could be considered to be in the category of safety features.
  2. Safety-related modifications include hydraulic brakes, sealed beam headlights, and seat belts.
  3. Accessories acceptable under such classifications are those available in the era to which the vehicles belong; and
“Parts car” means a motor vehicle generally in nonoperable condition which is owned by a collector to furnish parts that are usually not obtainable from normal sources, thus enabling a collector to preserve, restore, and maintain a historic or special interest vehicle.

History. Acts 1975, No. 334, § 1; A.S.A. 1947, § 75-201.8; Acts 2005, No. 2202, § 2; 2019, No. 368, § 1.

Amendments. The 2019 amendment inserted “motor” in (2)(A) and the introductory language of (2)(B); substituted “Muscle car era” for “action era” in (2)(B)(iv); and made stylistic changes.

27-15-2202. Registration — Fee.

1. A person who is the owner of a historic or special interest vehicle that is forty-five (45) years of age or older at the time of making application for registration or transfer of title may, upon application:
  1. Register the motor vehicle as a historic or special interest vehicle, upon the payment of a fee of seven dollars ($7.00) for each historic or special interest vehicle; and
  2. Be furnished a special license plate of distinctive design to be displayed on each historic or special interest vehicle instead of the standard Arkansas license plate.
2. A special license plate issued under subdivision (a)(1)(B) of this section shall have the same legal significance as a standard Arkansas license plate.
3. In addition to the identification number, the special license plate issued under subdivision (a)(1)(B) of this section shall identify the motor vehicle as a historic or special interest vehicle owned by an Arkansas collector.
4. The registration shall be valid while the historic or special interest vehicle is owned by the applicant without the payment of any additional fee, tax, or license if the owner provides the Department of Finance and Administration yearly proof of current insurance coverage on the historic or special interest vehicle as required under § 27-22-101 et seq.
1. The numbering of these plates shall continue chronologically from the existing antique automobile registration lists, using the current design and emblem.
2. Application for these plates shall be made to the Office of Motor Vehicle on special application forms prescribed by the Commissioner of Motor Vehicles.
Upon selling or otherwise relinquishing ownership of a historic or special interest vehicle, a collector may retain possession of the vehicle plate and transfer its registration to another vehicle of the same category in his or her possession, upon payment of one-half (½) the fee prescribed in subsection (a) of this section.
1. A motor vehicle manufactured as a reproduction or facsimile of a historic or special interest vehicle shall not be eligible for registration under this section unless it has been in existence for forty-five (45) years or more.
2. The age shall be calculated from the date the motor vehicle was originally assembled as a facsimile.
Collectors who, on or before July 24, 2019, have motor vehicles licensed as historic or special interest vehicles under current statutes are not required to register these motor vehicles or obtain new license plates for these motor vehicles.
Each collector applying for a license plate under this subchapter shall:
1. Own and have registered one (1) or more motor vehicles that he or she uses for regular transportation; and
2. Provide the office proof of ownership and registration as required under subdivision (f)(1) of this section.

History. Acts 1975, No. 334, § 2; 1979, No. 440, § 2; A.S.A. 1947, § 75-201.9; Acts 1999, No. 102, § 1; 2005, No. 2202, § 2; 2005, No. 2324, § 1; 2019, No. 368, §§ 2-4.

Amendments. The 2019 amendment rewrote (a); substituted “forty-five (45) years” for “twenty-five (25) years” in (d)(1); substituted “motor vehicle” for “vehicle” in (d)(1) and (d)(2); and rewrote (e) and (f).

27-15-2203. Affidavit — Vehicle restored to original specifications required.

Any person making application for an antique motor vehicle license plate under § 27-15-2202 shall transmit to the Office of Motor Vehicle an affidavit signed by the applicant stating that the motor vehicle described in the application is restored to its original specifications as closely as is reasonably possible and that the applicant will relinquish the antique motor vehicle license plate in the event that the motor vehicle is altered from its original specifications, except to the extent authorized or required by law.
1. Beginning on January 1, 2006, the office shall require the owner of any antique motor vehicle licensed under this subchapter to provide the office proof of conformity with this subchapter.
2. If the office determines that the owner of an antique motor vehicle is in violation of this section, the antique motor vehicle license plate shall be seized by the office and the owner fined one hundred dollars ($100).

History. Acts 1983, No. 897, §§ 1, 2; A.S.A. 1947, §§ 75-201.9a, 75-201.9b; Acts 2005, No. 2202, § 2; 2005, No. 2324, § 2.

27-15-2204. Assemblage of vehicle.

1. 1. A collector who has assembled a vehicle meeting the specifications of this subchapter from parts obtained from a variety of different sources and at various different times shall be issued a title upon furnishing a bill or bills of sale for the components.
  2. In cases when that evidence by itself is deemed inadequate, the collector shall execute an affidavit in verification.
2. To be considered adequate, bills of sale shall be notarized and shall indicate the source of the engine and body and shall list the identification or serial number of the engine and body for the chassis, if applicable.
A person who purchases an assembled vehicle from a collector who has not obtained a title to the assembled vehicle as provided in subsection (a) of this section shall be issued a title to the vehicle only if the purchaser of the vehicle follows the process under § 27-14-409(c)(1). For the purposes of this subsection, the amount of the bond shall be an amount equal to the value of the vehicle as determined by the Office of Motor Vehicle.

History. Acts 1975, No. 334, § 4; A.S.A. 1947, § 75-201.13; Acts 2005, No. 2202, § 2; 2011, No. 826, § 1.

Amendments. The 2011 amendment added (b).

27-15-2205. Equipment.

Unless the presence of equipment specifically named by Arkansas law was a prior condition for legal sale within Arkansas at the time the historic or special interest vehicle was manufactured for first use, the presence of the equipment shall not be required as a condition for current legal use.
Any historic or special interest vehicle manufactured prior to the date that emission controls were standard equipment on that particular make or model of historic or special interest vehicle is exempted from statutes requiring the inspection and use of emission controls.
Any safety equipment that was manufactured as part of the historic or special interest vehicle's original equipment must be in proper operating condition.

History. Acts 1975, No. 334, § 5; A.S.A. 1947, § 75-201.12; Acts 2005, No. 2202, § 2.

27-15-2206. Limitations on use.

1. Historic or special interest vehicles may be used for the same purposes and under the same conditions as other motor vehicles of the same type except that, under ordinary circumstances, the historic or special interest vehicles may not be used to transport passengers for hire.
2. At special events that are sponsored or in which participation is by organized clubs, the historic or special interest vehicles may transport passengers for hire only if money received is to be used for club activities or to be donated to a charitable nonprofit organization.
Trucks of such classification may not haul material more than one thousand pounds (1,000 lbs.) nor be used regularly in a business in lieu of other vehicles with regular license plates.

History. Acts 1975, No. 334, § 3; A.S.A. 1947, § 75-201.10; Acts 2005, No. 2202, § 2.

27-15-2207. Storage regulation.

Subject to land use regulations of a county or municipality, a collector may store any vehicles, licensed or unlicensed, operable or inoperable, on his or her property if:

The vehicles, parts cars, and any outdoor storage areas are maintained in such a manner that they do not constitute a health hazard; and
The vehicles are located away from ordinary public view or are screened from ordinary public view by means of natural objects, fences, plantings, opaque covering, or other appropriate means.

History. Acts 1975, No. 334, § 4; A.S.A. 1947, § 75-201.11; Acts 2005, No. 2202, § 2.

27-15-2208. Sale or transfer.

Legal transfer of ownership of a motor vehicle, assembled motor vehicle, or parts car of historic or special interest shall not be contingent upon any condition that would require the vehicle or parts car to be in operating condition at the time of the sale or transfer of ownership.

History. Acts 1975, No. 334, § 6; A.S.A. 1947, § 75-201.13; Acts 2005, No. 2202, § 2; 2011, No. 826, § 2.

Amendments. The 2011 amendment deleted “The sale or trade and subsequent” at the beginning; and inserted “assembled motor vehicle.”

27-15-2209. Alternative license plates for antique motor vehicles — Definition.

As used in this section, “antique license plate” means a license plate that:
1. Is approved for issuance under subsection (e) of this section for a historic or special interest vehicle as defined in § 27-15-2201 that is more than forty-five (45) years of age instead of the special license plate issued under § 27-15-2202; and
2. Was issued by and approved for use in the State of Arkansas in the same year as the model year of the vehicle that is being licensed.
If a person is eligible for a special license plate for a historic or special interest vehicle, the person may choose to use an antique license plate under this section instead of a license plate that is currently issued under § 27-15-2202 by the Office of Motor Vehicle.
An applicant who seeks to use an antique license plate under this section shall remit the following fees:
1. The fee required by law for the registration and licensing of the motor vehicle; and
2. A handling and administrative fee in the amount of ten dollars ($10.00).
To renew an antique license plate under this section, the owner of the motor vehicle shall remit the fee required by law for the registration and licensing of the motor vehicle.
1. An applicant who seeks to use an antique license plate other than the special license plate issued by the office under § 27-15-2202 shall be required to submit the license plate to the office for inspection to determine whether the antique license plate may be used.
2. If the office determines that the antique license plate is unacceptable, the applicant shall not be allowed to use the antique license plate.
3. The reasons for which the office may prohibit the use of an antique license plate include, but shall not be limited to:
  1. The antique license plate does not meet reasonable reflective and safety standards;
  2. The number of the antique license plate is the same as the number issued to a license plate that is currently in circulation; and
  3. The administrative costs associated with recording and maintaining the antique license plate are prohibitive.
4. The office may promulgate rules to administer the provisions of this section.
Collectors who, on or before July 24, 2019, have vehicles licensed as historic or special interest vehicles under current statutes shall not be required to register these vehicles or obtain new license plates for these vehicles.
Each collector applying for a license plate under this subchapter shall:
1. Own and have registered one (1) or more motor vehicles that he or she uses for regular transportation; and
2. Provide the office proof of ownership and registration as required under subdivision (g)(1) of this section.

History. Acts 2005, No. 2240, § 1; 2019, No. 368, §§ 5, 6.

Amendments. The 2019 amendment, in (a)(1), substituted “forty-five (45) years” for “twenty-five (25) years” and substituted “defined in” for “defined under”; and added (f) and (g).

Subchapter 23 — Antique Motorcycles

27-15-2301. Definition.

“Antique motorcycle” means a motorcycle that is at least twenty-five (25) years old and essentially unaltered from the original manufacturer's specifications and which is being collected, preserved, restored, or maintained by a hobbyist as a leisure pursuit.
Modifications or deviations from the original specifications may be permitted under this classification if the modifications or deviations are of an historic nature and characteristic of the approximate era to which the motorcycle belongs or if they could be considered to be in the category of safety features.

History. Acts 1979, No. 397, § 1; A.S.A. 1947, § 75-201.14; Acts 2005, No. 2202, § 2.

27-15-2302. Reproductions.

A motorcycle manufactured as a reproduction or facsimile of an antique motorcycle shall not be eligible for registration under this subchapter unless it has been in existence for twenty-five (25) years or more.
The age shall be calculated from the date the vehicle was originally assembled as a facsimile.

History. Acts 1979, No. 397, § 3; A.S.A. 1947, § 75-201.16; Acts 2005, No. 2202, § 2.

27-15-2303. Ownership requirement.

Each collector applying for an antique motorcycle license plate must own and have registered one (1) or more motorcycles with regular plates.

History. Acts 1979, No. 397, § 3; A.S.A. 1947, § 75-201.16; Acts 2005, No. 2202, § 2.

27-15-2304. Registration — Fee.

Any person who is the owner of an antique motorcycle may, upon application to the Office of Motor Vehicle, register it as an antique motorcycle upon the payment of a fee of five dollars ($5.00) and be furnished a license plate of distinctive design to be displayed in lieu of the usual license plate.
This plate, in addition to the identification number, shall identify the vehicle as an antique motorcycle owned by an Arkansas collector.
The registration shall be valid while the motorcycle is owned by the applicant without the payment of any additional fee, tax, or license.

History. Acts 1979, No. 397, § 2; A.S.A. 1947, § 75-201.15; Acts 2005, No. 2202, § 2.

27-15-2305. Transfer of registration.

Upon selling or otherwise relinquishing ownership of an antique motorcycle, a collector may retain possession of the antique motorcycle license plate and transfer its registration to another antique motorcycle in his or her possession upon payment of one-half (½) of the fee prescribed in § 27-15-2304.

History. Acts 1979, No. 397, § 3; A.S.A. 1947, § 75-201.16; Acts 2005, No. 2202, § 2.

27-15-2306. Use.

Antique motorcycles may be used for the same purposes and under the same conditions as other motorcycles of the same type.

History. Acts 1979, No. 397, § 4; A.S.A. 1947, § 75-201.17; Acts 2005, No. 2202, § 2.

27-15-2307. Alternative license plates for antique motorcycles.

As used in this section, “antique license plate” means a license plate that:
1. Is approved for issuance under subsection (e) of this section for an antique motorcycle as defined under § 27-15-2301 that is more than twenty-five (25) years of age instead of the special license plate issued under § 27-15-2304; and
2. Was issued by and approved for use in the State of Arkansas in the same year as the model year of the motorcycle that is being licensed.
If a person is eligible for a special license plate for an antique motorcycle, the person may choose to use an antique license plate under this section instead of a license plate that is currently issued under § 27-15-2304 by the Office of Motor Vehicle.
An applicant who seeks to use an antique license plate under this section shall remit the following fees:
1. The fee required by law for the registration and licensing of the antique motorcycle; and
2. A handling and administrative fee in the amount of ten dollars ($10.00).
To renew an antique license plate under this section, the owner of the antique motorcycle shall remit the fee required by law for the registration and licensing of the antique motorcycle.
1. An applicant who seeks to use an antique license plate other than the special license plate issued by the office under § 27-15-2304 shall be required to submit the license plate to the office for inspection to determine whether the antique license plate may be used.
2. If the office determines that the antique license plate is unacceptable, the applicant shall not be allowed to use the antique license plate.
3. The reasons for which the office may prohibit the use of an antique license plate include, but shall not be limited to:
  1. The antique license plate does not meet reasonable reflective and safety standards;
  2. The number of the antique license plate is the same as the number issued to a license plate that is currently in circulation; and
  3. The administrative costs associated with recording and maintaining the antique license plate are prohibitive.
4. The office may promulgate rules to administer the provisions of this section.

History. Acts 2005, No. 2240, § 2.

Subchapter 24 — Amateur Radio Operators

Preambles. Acts 1953, No. 146 contained a preamble which read:

“Whereas, amateur radio operators throughout the world, and especially in the United States, have in times of flood, ice, windstorm, and other emergencies when regular communication facilities were disrupted, rendered invaluable services in carrying on communications thereby saving lives and property and providing contact between relatives and friends; and

“Whereas, such operators construct, operate and maintain their stations at their own expense and are prohibited by Federal law from making any charge for any service performed; and

“Whereas, a distinctive automobile tag would be a great aid to the Highway Patrol, sheriffs, The American Red Cross, municipal police officers and the National Guard in locating these amateur operators at times of public, or private, need;

“Now, therefore … .”

Effective Dates. Acts 1953, No. 146, § 5: Approved Feb. 25, 1953. Emergency clause provided: “It is hereby ascertained and declared that there is a great need for providing amateur radio operators with distinctive motor vehicle license tags in order to make them easier to locate in times of emergency, and for this reason it is necessary for the preservation of the public peace, health, and safety that this Act become effective without delay. Now therefore, an emergency is declared and this Act shall be in full force and effect from and after its passage.”

27-15-2401. Special license plates authorized.

1. Each owner of a motor vehicle who is a resident of the State of Arkansas and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission shall be issued a license plate as prescribed by law for private passenger cars upon application and:
  1. Proof of ownership of an amateur radio station license;
  2. Compliance with the state motor vehicle laws relating to regulation and licensing of motor vehicles; and
  3. Payment of the regular license fee for plates as prescribed by law and the payment of an additional fee of two dollars ($2.00).
2. Upon the plate, in lieu of the numbers as prescribed by law, shall be inscribed the official amateur station call sign of the applicant as assigned by the Federal Communications Commission.
The motor vehicle owner may apply for and annually renew up to four (4) plates issued under this section for each amateur radio station license held by the motor vehicle owner for not more than four (4) vehicles.
1. The Office of Driver Services may add additional characters to the call sign in sequential order to identify each additional plate issued for each amateur radio station license.
2. The office may charge an additional fee of two dollars ($2.00) for each additional plate issued for each amateur radio station license.
1. The additional fees remitted under subdivision (a)(1)(C) and subdivision (c)(2) 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.
2. The fees shall be credited as supplemental and in addition to all other funds deposited for the benefit of the division.
3. The fees shall not be considered or credited to the division as direct revenue.

History. Acts 1953, No. 146, §§ 1, 4; A.S.A. 1947, §§ 75-267, 75-269n; Acts 2005, No. 2202, § 2; 2015, No. 737, § 1.

Amendments. The 2015 amendment inserted designations (a)(1)(A) through (a)(1)(C); rewrote (b); added (c) and (d); and made stylistic changes.

27-15-2402. Applications.

All applications for special license plates under this subchapter shall be made to the Secretary of the Department of Finance and Administration.

History. Acts 1953, No. 146, § 2; A.S.A. 1947, § 75-268; Acts 2005, No. 2202, § 2; 2019, No. 910, § 4627.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-15-2403. Nontransferable.

Special license plates issued under this subchapter shall be nontransferable.

History. Acts 1953, No. 146, § 1; A.S.A. 1947, § 75-267; Acts 2005, No. 2202, § 2.

27-15-2404. Rules.

The Secretary of the Department of Finance and Administration shall make such rules as are necessary to ascertain compliance with all state license laws relating to the use and operation of motor vehicles before issuing the special license plates under this subchapter in lieu of the regular license plates.

History. Acts 1953, No. 146, § 2; A.S.A. 1947, § 75-268; Acts 2005, No. 2202, § 2; 2019, No. 315, § 3111; 2019, No. 910, § 4628.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-15-2405. Lists for public information.

On or before March 1 of each year, the Secretary of the Department of Finance and Administration shall furnish to the sheriff of each county in the state an alphabetically arranged list of the names, addresses, and amateur station call signs on the license plates of all persons to whom license plates are issued under the provisions of this subchapter.
It shall be the duty of the sheriffs of the state to maintain, and keep current, these lists for public information and inquiry.

History. Acts 1953, No. 146, § 3; A.S.A. 1947, § 75-269; Acts 2005, No. 2202, § 2; 2019, No. 910, § 4629.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

Subchapter 25 — Pearl Harbor Survivors [Repealed]

27-15-2501 — 27-15-2505. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-2501. Acts 1987, No. 883, § 2.

27-15-2502. Acts 1987, No. 883, § 1; 2003, No. 1454, § 1.

27-15-2503. Acts 1987, No. 883, § 2; 2003, No. 1454, § 2.

27-15-2504. Acts 1987, No. 883, § 2; 1989, No. 284, § 1.

27-15-2505. Acts 1987, No. 883, § 3.

Subchapter 26 — Merchant Marine [Repealed]

27-15-2601 — 27-15-2604. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 1991, No. 837, § 1.

Subchapter 27 — Firefighters [Repealed]

27-15-2701 — 27-15-2704. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-2701. Acts 1993, No. 569, § 1; 1997, No. 837, § 1.

27-15-2702. Acts 1993, No. 569, § 1; 1995, No. 1314, § 1; 1997, No. 837, § 2; 1999, No. 646, § 67.

27-15-2703. Acts 1993, No. 569, § 1.

27-15-2704. Acts 1993, No. 569, § 2.

For present law, see § 27-24-1303.

Subchapter 28 — Special License Plates for County Quorum Court Members [Repealed]

27-15-2801 — 27-15-2805. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 1993, No. 1248, § 1.

Subchapter 29 — Special Collegiate License Plates [Repealed]

27-15-2901 — 27-15-2911. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-2901. Acts 1993, No. 609, § 1.

27-15-2902. Acts 1993, No. 609, § 10; 1997, No. 208, § 32.

27-15-2903. Acts 1993, No. 609, §§ 2, 3.

27-15-2904. Acts 1993, No. 609, § 4.

27-15-2905. Acts 1993, No. 609, § 12.

27-15-2906. Acts 1993, No. 609, § 5.

27-15-2907. Acts 1993, No. 609, § 6; 2001, No. 999, § 1.

27-15-2908. Acts 1993, No. 609, § 7; 2001, No. 999, § 2.

27-15-2909. Acts 1993, No. 609, § 8.

27-15-2910. Acts 1993, No. 609, § 9.

27-15-2911. Acts 1993, No. 609, § 11.

Subchapter 30 — Special Civil Air Patrol License Plates [Repealed]

27-15-3001 — 27-15-3003. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-3001. Acts 1995, No. 647, § 2.

27-15-3002. Acts 1995, No. 647, §§ 1, 3, 4; 1999, No. 1076, § 1.

27-15-3003. Acts 1995, No. 647, § 5.

Subchapter 31 — Search and Rescue Special License Plates

27-15-3101. Design of plates.

The Department of Finance and Administration shall design a search and rescue license plate for motor vehicles.
The license plates shall be numbered consecutively and shall contain the words “Search and Rescue”.

History. Acts 1997, No. 538, § 1; 2005, No. 2202, § 2.

27-15-3102. Eligibility.

Every member of a search and rescue team who is a resident of this state and an owner of a motor vehicle may apply for a search and rescue license plate as provided in this subchapter.
1. Upon submitting proof of eligibility and complying with the state laws relating to registration and licensing of motor vehicles and the payment of thirty-five dollars ($35.00) for the initial license plate the applicant shall be issued a search and rescue license plate under this subchapter.
2. The thirty-five-dollar fee shall be deposited into the State Central Services Fund as a direct revenue for the support of the Department of Finance and Administration.
3. Annual renewals of search and rescue license plates shall be at the same fee as is prescribed for regular motor vehicle license plates in § 27-14-601, and shall be disbursed accordingly.
1. No person shall be issued more than one (1) search and rescue license plate.
2. The search and rescue license plates issued under this subchapter are not transferable.

History. Acts 1997, No. 538, § 1; 2005, No. 2202, § 2.

27-15-3103. Rules.

The Department of Finance and Administration shall promulgate rules necessary to implement this subchapter.

History. Acts 1997, No. 538, § 1; 2005, No. 2202, § 2; 2019, No. 315, § 3112.

Amendments. The 2019 amendment substituted “rules” for “regulations” in the section heading and in the text.

Subchapter 32 — Ducks Unlimited [Repealed]

27-15-3201 — 27-15-3209. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-3201. Acts 1999, No. 23, § 1.

27-15-3202. Acts 1999, No. 23, §§ 2, 3.

27-15-3203. Acts 1999, No. 23, § 4.

27-15-3204. Acts 1999, No. 23, § 5; 2003, No. 90, § 1.

27-15-3205. Acts 1999, No. 23, § 6; 2003, No. 90, § 2.

27-15-3206. Acts 1999, No. 23, § 7.

27-15-3207. Acts 1999, No. 23, § 9.

27-15-3208. Acts 1999, No. 23, § 8.

27-15-3209. Acts 1999, No. 23, § 10.

Subchapter 33 — World War II Veterans, Korean War Veterans, Vietnam Veterans, and Persian Gulf Veterans [Repealed]

27-15-3301 — 27-15-3306. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-3301. Acts 1999, No. 916, § 1.

27-15-3302. Acts 1999, No. 916, § 2.

27-15-3303. Acts 1999, No. 916, § 3.

27-15-3304. Acts 1999, No. 916, § 4.

27-15-3305. Acts 1999, No. 916, § 5.

27-15-3306. Acts 1999, No. 916, § 6.

Subchapter 34 — Additional Game and Fish Commission Plates [Repealed]

27-15-3401 — 27-15-3407. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-3401. Acts 1999, No. 1566, § 1.

27-15-3402. Acts 1999, No. 1566, § 2.

27-15-3403. Acts 1999, No. 1566, § 3.

27-15-3404. Acts 1999, No. 1566, § 4.

27-15-3405. Acts 1999, No. 1566, § 5.

27-15-3406. Acts 1999, No. 1566, § 6.

27-15-3407. Acts 1999, No. 1566, § 7.

Subchapter 35 — Committed to Education License Plates [Repealed]

27-15-3501 — 27-15-3507. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-3501. Acts 2001, No. 529, § 1.

27-15-3502. Acts 2001, No. 529, § 2; 2003, No. 1473, § 68.

27-15-3503. Acts 2001, No. 529, § 3.

27-15-3504. Acts 2001, No. 529, § 4.

27-15-3505. Acts 2001, No. 529, § 5.

27-15-3506. Acts 2001, No. 529, § 6.

27-15-3507. Acts 2001, No. 529, § 7.

Subchapter 36 — Armed Forces Veteran License Plates [Repealed]

27-15-3601 — 27-15-3607. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from the following sources:

27-15-3601. Acts 2001, No. 725, § 1.

27-15-3602. Acts 2001, No. 725, § 2.

27-15-3603. Acts 2001, No. 725, § 3.

27-15-3604. Acts 2001, No. 725, § 4.

27-15-3605. Acts 2001, No. 725, § 5.

27-15-3606. Acts 2001, No. 725, § 6.

27-15-3607. Acts 2001, No. 725, § 7.

Subchapter 37 — Special Retired Arkansas State Trooper License Plates [Repealed]

27-15-3701 — 27-15-3706. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2001, No. 47, § 1.

Subchapter 38 — Distinguished Flying Cross [Repealed]

27-15-3801 — 27-15-3805. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2001, No. 566, § 1.

Subchapter 39 — Choose Life License Plate [Repealed]

27-15-3901 — 27-15-3908. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2003, No. 344, § 1.

Subchapter 40 — Miscellaneous

Preambles. Acts 1963, No. 26 contained a preamble which read:

“Whereas, many motor vehicle dealers in this state loan new motor vehicles to public school districts to be used by such districts; and

“Whereas, such new motor vehicles are returned by the school district to the motor vehicle dealer who then sells the same; and

“Whereas, the use of such loaned motor vehicles by school districts saves such districts considerable tax funds and relieves the district of the necessity of purchasing such motor vehicles; and

“Whereas, school districts are now required to purchase motor vehicle licenses for such vehicles;

“Now, therefore … .”

27-15-4001. Buses converted to or equipped as campers.

Any person in this state who owns a school bus or other bus which has been converted to or equipped as a camper and is used solely as a camper may register it and obtain special motor vehicle license plates for it upon application to the Secretary of the Department of Finance and Administration and upon the payment of an annual registration fee of thirteen dollars ($13.00).
No more than one (1) family or six (6) persons, whichever shall be the greater number, shall be transported upon the public highways of this state in a camper bus licensed under the provisions of this section.
Any person owning a camper bus registered and licensed pursuant to this section who shall use the bus or permit it to be used for any purpose other than as a camper bus or who shall operate or permit it to be operated in violation of this section shall be required to pay the annual registration fee prescribed by law for other vehicles of the same class as such vehicle, and in addition, shall pay a penalty in an amount equal to one-half (½) of the annual fee.

History. Acts 1965, No. 87, §§ 1, 2; 1979, No. 440, § 2; A.S.A. 1947, §§ 75-285, 75-286; Acts 2005, No. 2202, § 2; 2019, No. 910, § 4630.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a).

27-15-4002. Exemptions for new vehicles loaned by dealers to school districts.

Whenever any dealer in new motor vehicles in this state shall lend any new motor vehicle to any public school district in this state to be used by the district and to be returned to the motor vehicle dealer within a specified time, the motor vehicle shall be exempt from all state, county, or municipal taxes and license fees during the time it is being used by the school district.
The Secretary of the Department of Finance and Administration shall issue, without charge to the school district, the appropriate motor vehicle license plates for the vehicle.
Upon any such motor vehicle's being returned to the motor vehicle dealer and upon the sale of the vehicle by the dealer, the appropriate gross receipts taxes, registration and license fees, and any other taxes due on the vehicle shall be due and payable in the manner provided by law.

History. Acts 1963, No. 26, § 1; A.S.A. 1947, § 75-281; Acts 2005, No. 2202, § 2; 2019, No. 910, § 4631.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b).

27-15-4003. [Repealed.]

Publisher's Notes. This section, concerning street rods, was repealed by Acts 2007, No. 340, § 2. The section was derived from Acts 1999, No. 1327, §§ 1-4; 2005, No. 2202, § 2.

For present provisions see subchapter 15 of chapter 24 of this title.

27-15-4004. [Repealed.]

Publisher's Notes. This section, concerning minimum number of applications and discontinuance of license plates, was repealed by Acts 2005, No. 2202, § 2. The section was derived from Acts 2001, No. 1203, § 1; 2003, No. 371, § 1.

Subchapter 41 — Susan G. Komen Breast Cancer Education, Research, and Awareness License Plate [Repealed]

27-15-4101 — 27-15-4106. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. This subchapter was derived from Acts 2003, No. 1004, § 1.

Subchapter 42 — Division of Agriculture License Plate [Repealed]

27-15-4201 — 27-15-4207. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2003, No. 1040, § 1.

Subchapter 43 — Constitutional Officer License Plate [Repealed]

27-15-4301 — 27-15-4305. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2003, No. 868, § 1.

Subchapter 44 — African-American Fraternity and Sorority License Plate [Repealed]

27-15-4401 — 27-15-4409. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2003, No. 1302, § 1.

Subchapter 45 — Boy Scouts of America License Plate [Repealed]

27-15-4501 — 27-15-4506. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. This subchapter was derived from Acts 2003, No. 1343, § 1.

Subchapter 46 — Arkansas Cattlemen's Foundation License Plate [Repealed]

27-15-4601 — 27-15-4606. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2003, No. 1150, § 1.

Subchapter 47 — Organ Donor Awareness License Plate [Repealed]

27-15-4701 — 27-15-4707. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2005, No. 2202, § 2. The subchapter was derived from Acts 2003, No. 1362, § 2.

Subchapter 48 — Operation Iraqi Freedom Veteran License Plate [Repealed]

27-15-4801 — 27-15-4808. [Repealed.]

Publisher's Notes. This subchapter was repealed by Acts 2007, No. 109, § 3. The subchapter was derived from Acts 2005, No. 185, § 1.

For current law related to Operation Iraqi Freedom Veteran special license plates, please see Title 27, Chapter 24, Subchapter 2.

Subchapter 49 — In God We Trust License Plate

Effective Dates. Acts 2005, No. 727, § 2: Mar. 9, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that there are insufficient resources being dedicated to the purchase of raw food for home-delivered meals for the elderly; that senior citizen centers have been forced to close due to lack of adequate funding; that senior citizens have been placed on waiting lists to receive home-delivered meals; and that this act is immediately necessary to promote the health and independent living of the senior citizens of the State of Arkansas. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

27-15-4901. In God We Trust license plate authorized.

The Secretary of the Department of Finance and Administration shall issue a special In God We Trust motor vehicle license plate in the manner and subject to the conditions prescribed in this subchapter.

History. Acts 2005, No. 727, § 1; 2019, No. 910, § 4632.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-15-4902. Design.

The special In God We Trust motor vehicle license plates shall:
1. Be designed by the Department of Finance and Administration;
2. Contain the words “In God We Trust”; and
3. Be numbered consecutively.
1. Before the Secretary of the Department of Finance and Administration creates and issues a special license plate under this subchapter, one (1) of the following must occur:
  1. A fee in the amount of six thousand dollars ($6,000) to cover the cost of the initial order of each newly designed license plate is remitted to the Department of Finance and Administration by the Division of Aging, Adult, and Behavioral Health Services, a person, or other entity; or
  2. The Department of Finance and Administration receives a minimum of one thousand (1,000) applications for the special license plate.
2. 1. The fee collected under subdivision (b)(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 and shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
  2. The fee shall not be considered or credited to the division as direct revenues.
  3. The fee may be paid by any person or organization or by any combination of persons or organizations.

History. Acts 2005, No. 727, § 1; 2017, No. 913, § 130; 2019, No. 910, § 4633.

Amendments. The 2017 amendment substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Aging and Adult Services” in (b)(1)(A).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (b)(1).

27-15-4903. Fees.

Upon payment of the fee required by law for the registration of the vehicle, payment of twenty-five dollars ($25.00) to cover the design-use contribution fee, and payment of an additional ten-dollar handling and administrative fee for the issuance of the special In God We Trust license plate, the Department of Finance and Administration shall issue to the vehicle owner an In God We Trust license plate which shall bear the approved design.
1. 1. The handling and administrative fee of ten dollars ($10.00) shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration.
  2. The fee shall not be considered or credited to the division as direct revenues.
2. The design-use contribution fee of twenty-five dollars ($25.00) shall be deposited as special revenues into the State Treasury to the credit of the In God We Trust License Plate Fund.

History. Acts 2005, No. 727, § 1.

27-15-4904. In God We Trust License Plate Fund.

There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a special revenue fund to be known as the “In God We Trust License Plate Fund”.
1. All moneys collected as design-use contribution fees under § 27-15-4903 shall be deposited into the State Treasury as special revenues to the credit of the fund.
2. The fund shall also consist of any other revenues as may be authorized by law.
1. 1. The fund shall be used by the Division of Aging, Adult, and Behavioral Health Services to provide quarterly cash grants to each senior citizen center in a similar method as is used in the State of Arkansas's current system for distributing United States Department of Agriculture money to the senior citizen centers to purchase raw food.
  2. All moneys in the fund shall be used exclusively by the division as provided in subdivisions (c)(2) and (3) of this section.
  3. 1. All moneys collected as design-use contribution fees under § 27-15-4903(a) shall be used exclusively by senior citizen centers for purchasing food for use in a home-delivered meal program.
    2. No moneys collected as design-use contribution fees under § 27-15-4903(a) shall be used for administration expenses by a state agency, senior citizen center, or any other nonprofit or for-profit organization.
2. 1. The division shall distribute the moneys collected under this subchapter as cash grant awards to senior citizen centers in the State of Arkansas.
  2. The cash grant awards shall be based on the average number of meals served each day for the prior quarter within the senior citizen center's respective geographic area.
3. Each senior citizen center that receives a cash grant award under this subchapter shall use the moneys exclusively for purchasing food for use in a home-delivered meal program.

History. Acts 2005, No. 727, § 1; 2017, No. 913, § 131.

Amendments. The 2017 amendment substituted “Division of Aging, Adult, and Behavioral Health Services” for “Division of Aging and Adult Services” in (c)(1)(A).

Cross References. In God We Trust License Plate Fund, § 19-6-807.

27-15-4905. Renewal.

1. The special In God We Trust license plate issued under this subchapter may be renewed annually under the procedures in § 27-15-4004 [repealed] and under §§ 27-14-1012 and 27-14-1013.
2. Registration may continue from year to year as long as it is renewed each year within the time and manner required by law.
A motor vehicle owner who was previously issued a plate with the In God We Trust design authorized by this subchapter and who does not pay a design-use contribution fee of twenty-five dollars ($25.00) at the subsequent time of registration shall be issued a new plate which does not bear the In God We Trust design.
Upon expiration, or if the special In God We Trust license plate is lost, the plate may be replaced with a regular license plate at the fee specified in § 27-14-602(b)(6).
If the special In God We Trust license plate is replaced with a new In God We Trust license plate, the owner shall be required to pay the fees for the issuance of the license plate under § 27-15-4903.

History. Acts 2005, No. 727, § 1.

27-15-4906. Transfer to another vehicle.

The special In God We Trust license plate issued under this subchapter may be transferred from one (1) vehicle to another as provided in § 27-14-914.

History. Acts 2005, No. 727, § 1.

27-15-4907. Compliance with other laws.

The special In God We Trust license plate shall comply with all state motor vehicle laws relating to registration and licensing of motor vehicles unless specifically provided otherwise in this subchapter.

History. Acts 2005, No. 727, § 1; 2015, No. 1158, § 2.

Amendments. The 2015 amendment deleted (1); deleted designation (2); and substituted “all” for “All other.”

27-15-4908. Rules.

The Secretary of the Department of Finance and Administration shall promulgate reasonable rules and prescribe forms as the secretary determines to be necessary for effectively and efficiently carrying out the intent and purposes of this subchapter.

History. Acts 2005, No. 727, § 1; 2019, No. 315, § 3113; 2019, No. 910, § 4634.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in the section heading and in the text.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “secretary” for “director”.

Subchapter 50 — Operation Enduring Freedom Veteran License Plate [Repealed]

27-15-5001 — 27-15-5008. [Repealed.]

Publisher's Notes. This subchapter, concerning the Operation Enduring Freedom Veteran License Plate, was repealed by Acts 2007, No. 109, § 2. The subchapter was derived from Acts 2005, No. 952, § 1.

For current law related to Operation Iraqi Freedom Veteran special license plates, please see Title 27, Chapter 24, Subchapter 2.

Subchapter 51 — Arkansas State Golf Association License Plate

27-15-5101. Arkansas State Golf Association license plate authorized.

The Secretary of the Department of Finance and Administration shall provide for and issue Arkansas State Golf Association special license plates in the manner and subject to the conditions under this subchapter.

History. Acts 2005, No. 1574, § 1; 2019, No. 910, § 4635.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-15-5102. Design — Numbered plates.

1. The Arkansas State Golf Association special license plates shall be designed by the Arkansas State Golf Association.
2. The design shall be submitted to the Secretary of the Department of Finance and Administration for design approval under rules of the secretary.
3. The association may periodically submit a newly designed license plate for approval and issuance by the secretary with not more than one (1) new license plate design issued per calendar year.
1. Upon approval of the design by the secretary, the association shall remit to the Department of Finance and Administration a fee in the amount of six thousand dollars ($6,000) to cover the cost of the initial order of each newly designed license plate.
2. This fee shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration and shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
3. The fee shall not be considered or credited to the division as direct revenues.
The secretary shall promulgate reasonable rules and prescribe any forms as the secretary determines to be necessary to carry out the intent and purposes of this subchapter.

History. Acts 2005, No. 1574, § 1; 2019, No. 315, § 3114; 2019, No. 910, §§ 4636-4638.

Amendments. The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (c).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2); and substituted “secretary” for “director” throughout the section.

27-15-5103. Application for special Arkansas State Golf Association license plate — Fee — Disposition of fee.

Any motor vehicle owner may apply for and renew annually an Arkansas State Golf Association special license plate.
1. Upon payment of the fee required by law for registration of the motor vehicle, payment of twenty-five dollars ($25.00) to cover the design-use contribution, and payment of an additional handling and administrative fee of ten dollars ($10.00) for the special license plate, the Department of Finance and Administration shall issue to the vehicle owner a special license plate that bears the approved design.
2. 1. The handling and administrative fee of ten dollars ($10.00) shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration and shall be credited to the division as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
  2. The handling and administrative fee shall not be considered or credited to the division as direct revenue.
3. The design-use contribution of twenty-five dollars ($25.00) shall be remitted monthly to the association to be used for association purposes.

History. Acts 2005, No. 1574, § 1.

27-15-5104. Renewal.

1. Arkansas State Golf Association special license plates issued under this subchapter may be renewed annually under the procedures set out in § 27-15-4903 in person, by mail, or by facsimile under §§ 27-14-1012 and 27-14-1013.
2. Registration may continue from year to year so long as the license is renewed each year within the time and manner required by law.
1. A motor vehicle owner who was previously issued a plate with a design authorized by this subchapter and who does not pay a design-use contribution of twenty-five dollars ($25.00) at a subsequent time of registration shall be issued a new plate, as otherwise provided by law, that does not bear the design.
2. Upon expiration, the special license plate may be replaced with a conventional license plate, a personalized license plate, or a new special license plate.

History. Acts 2005, No. 1574, § 1.

27-15-5105. Transfer to another vehicle.

Arkansas State Golf Association special license plates issued under this subchapter may be transferred from one vehicle to another under § 27-14-914.

History. Acts 2005, No. 1574, § 1.

27-15-5106. Compliance with other laws.

The Arkansas State Golf Association special license plates shall comply with all other state motor vehicle laws relating to registration and licensing of motor vehicles, except as specifically provided otherwise in this subchapter.

History. Acts 2005, No. 1574, § 1; 2015, No. 1158, § 3.

Amendments. The 2015 amendment deleted “including the minimum number of license plate applications required under § 27-15-4004” following “motor vehicles.”

Subchapter 52 — Arkansas Fallen Firefighters' Memorial Special License Plate

27-15-5201. Arkansas Fallen Firefighters' Memorial special license plate authorized.

The Secretary of the Department of Finance and Administration shall provide for and issue Arkansas Fallen Firefighters' Memorial special license plates for motor vehicles in the manner provided in this subchapter.

History. Acts 2005, No. 1577, § 1; 2019, No. 910, § 4639.

Amendments. The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-15-5202. Plate design.

1. The special motor vehicle license plates shall be designed by the Arkansas Fallen Firefighters' Memorial Board.
2. The design shall be submitted for design approval by the Secretary of the Department of Finance and Administration under rules of the secretary.
3. The board may periodically submit a newly designed license plate for approval and issue by the secretary with not more than one (1) new license plate design issued per calendar year.
1. Upon approval of the design by the secretary, the board shall remit to the Department of Finance and Administration a fee of six thousand dollars ($6,000) to cover the cost of the initial order of each newly designed license plate.
2. This fee shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration and shall be credited as supplemental and in addition to all other funds as may be deposited for the benefit of the division.
3. The fee shall not be considered or credited to the division as direct revenues.
The secretary shall promulgate reasonable rules and prescribe any forms as he or she determines to be necessary to carry out the intent and purposes of this subchapter.

History. Acts 2005, No. 1577, § 1; 2019, No. 910, §§ 4640-4642.

27-15-5203. Fees.

The Department of Finance and Administration shall issue to a vehicle owner an Arkansas Fallen Firefighters' Memorial license plate that shall bear the approved design upon payment of the fee required by law for the registration of the vehicle, payment of five dollars ($5.00) to cover the design-use contribution, and payment of an additional handling and administrative fee of ten dollars ($10.00) for the issuance of the special license plate.
1. The handling and administrative fee of ten dollars ($10.00):
  1. Shall be collected only for the first year the special license plates are issued;
  2. Shall be deposited into the State Central Services Fund for the benefit of the Revenue Division of the Department of Finance and Administration; and
  3. Shall not be considered or credited to the division as direct revenues.
2. The design-use contribution of five dollars ($5.00) shall be deposited to the Arkansas Fallen Firefighters' Memorial Board for the purpose of fund-raising.

History. Acts 2005, No. 1577, § 1.

27-15-5204. Renewal.

1. Arkansas Fallen Firefighters' Memorial special license plates issued under this subchapter may be renewed annually under the procedures and upon payment of the fees under §§ 27-15-5203, 27-14-1012, and 27-14-1013.
2. Registration may continue from year to year as long as the special license plate is renewed each year within the time and manner required by law.
3. A motor vehicle owner who was previously issued a plate with the design authorized by this subchapter and who does not pay a design-use contribution of five dollars ($5.00) at the subsequent time of registration shall be issued a new plate that does not bear the design.
Upon expiration or if the special license plate is lost, it may be replaced with a regular license plate at the fee specified in § 27-14-602(b)(6).

History. Acts 2005, No. 1577, § 1.

27-15-5205. Transfer to another vehicle.

An Arkansas Fallen Firefighters' Memorial special license plate issued under this subchapter may be transferred from one (1) vehicle to another under § 27-14-914.

History. Acts 2005, No. 1577, § 1.

27-15-5206. Compliance with other laws.

Except as specifically provided otherwise in this subchapter, the Arkansas Fallen Firefighters' Memorial special license plates shall comply with all other state motor vehicle laws relating to registration and licensing of motor vehicles.

History. Acts 2005, No. 1577, § 1; 2015, No. 1158, § 4.

Amendments. The 2015 amendment deleted “including the minimum number of license plate applications required under § 27-15-4004” following “motor vehicles.”

Subchapter 53 — Realtors License Plate [Repealed]

27-15-5301 — 27-15-5307. [Repealed.]

A.C.R.C. Notes. For current law related to eligibility requirements for a realtors special license plate, see § 27-24-1408.

Publisher's Notes. This subchapter was repealed by Acts 2007, No. 451, § 4. The former subchapter was derived from Acts 2005, No. 1889, § 1.

27-15-5302 — 27-15-5307. [Repealed.]

Research References

A.L.R.

Governmental immunity: improperly licensed driver. 41 A.L.R.4th 111.

Am. Jur. 7A Am. Jur. 2d, Auto., § 105 et seq.

C.J.S. 60 C.J.S., Motor Veh., § 257 et seq.

Subchapter 1 — General Provisions

A.C.R.C. Notes. This act has been substantially modified, amended, and repealed by the Arkansas General Assembly so that it is questionable whether it is still uniform.

Effective Dates. Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

27-16-101. Title.

This chapter may be cited as the “Motor Vehicle Driver's License Act”.

History. Acts 1937, No. 280, § 44; Pope's Dig., § 6868; A.S.A. 1947, § 75-348; Acts 1993, No. 445, § 1; 2017, No. 448, § 18.

Amendments. The 2017 amendment deleted “Uniform” preceding “Motor Vehicle”.

27-16-102. Construction.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

History. Acts 1937, No. 280, § 43; Pope's Dig., § 6867; A.S.A. 1947, § 75-347.

27-16-103. Provision of information.

1. The Office of Motor Vehicle shall maintain on its website information to inform the citizens of the State of Arkansas of changes in the driving laws of the state.
2. The office shall make the website address related to the information required under subdivision (a)(1) of this section available at all state revenue offices.
1. The office shall by July 1 of each year prepare a list and explanation of the most-violated driving or traffic laws during the previous year.
2. The office shall make the information required under subdivision (b)(1) of this section available at all state revenue offices and on its website.
The office is authorized to promulgate rules to administer the provisions of this subchapter.

History. Acts 2005, No. 2118, § 2.

27-16-104. Definitions.

As used in this chapter:

“Driver” means a person who is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle;
“Farm tractor” means a motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry;
“Motor vehicle” means a vehicle that is self-propelled or that is propelled by electric power drawn from overhead trolley wires but is not operated upon stationary rails or tracks;
“Nonresident” means a person who is not a resident of this state;
1. “Owner” means a person who holds the legal title of a vehicle.
2. In the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this chapter;
“Person” means a natural person, firm, copartnership, association, or corporation;
1. “Resident” means any person who:
  1. Remains in this state for a period of more than ninety (90) days;
  2. Resides in this state due to a change of abode; or
  3. Is domiciled in this state on a temporary or permanent basis.
2. “Resident” does not include any person who is in this state as a student;
“Revoke” means to terminate by formal action a driver's license or privilege to operate a motor vehicle on a public highway, which shall not be subject to renewal or restoration;
“School bus” means a motor vehicle that is owned by a public or governmental agency and operated for the transportation of children to or from school or that is privately owned and operated for compensation for the transportation of children to or from school;
“Street” or “highway” means the entire width between property lines of every way or place of whatever nature when any part of the way is open to the use of the public for purposes of vehicular traffic;
“Suspend” means to temporarily withdraw by formal action a driver's license or privilege to operate a motor vehicle on a public highway, which shall be for a period specifically designated by the suspending authority; and
“Vehicle” means a device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

History. Acts 1937, No. 280, §§ 1-6; Pope's Dig., §§ 6825-6830; Acts 1953, No. 85, § 1; 1959, No. 307, § 5; 1969, No. 300, § 1; A.S.A. 1947, §§ 75-301–75-306; Acts 1993, No. 445, §§ 2, 40; 2017, No. 448, § 19.

Publisher's Notes. The definitions in this section were formerly codified as § 27-16-201 et seq.

Case Notes

Formal Action Required.

Under Arkansas law, a driver's license is not automatically revoked or suspended by operation of law when grounds therefore arise, but only after formal action is taken to revoke or suspend the license. Mounts v. State, 48 Ark. App. 1, 888 S.W.2d 321 (1994).

Minors.

Where a motorcycle ridden by a minor and a car driven by the defendant collided, it was not reversible error to refuse to instruct the jury that a minor should not be held to the same standard of care as an adult and that a higher degree of care is owed to minors, as this section and §§ 27-51-201, 27-51-208 — 27-51-211, and 27-51-308, pertaining to safety on the highways, disclose no distinction between the degree of care to be exercised by a minor and an adult. Harrelson v. Whitehead, 236 Ark. 325, 365 S.W.2d 868 (1963).

Person.

Employer who caused truck which he had control of to be set in motion and to be operated was a “person” within the meaning of the provisions of § 27-37-205 prohibiting a person from operating a motor truck without flares and warning signals. Taylor v. Purifoy, 247 Ark. 368, 445 S.W.2d 485 (1969).

Suspension.

—Foreign State.

Suspensions in one state have the effect of precluding a driver from obtaining a license in other states; that is what happens in Arkansas, and recognition of foreign state suspensions is appropriate so long as those suspensions are effective for a fixed period of time. Sievers v. City of Fort Smith, 320 Ark. 136, 894 S.W.2d 940 (1995).

Foreign state suspensions are not appropriate when they exist for indefinite periods without explanation or reason. Sievers v. City of Fort Smith, 320 Ark. 136, 894 S.W.2d 940 (1995).

—Temporary Withdrawal.

A suspension that continues for nine or ten years is not temporary under anyone's definition and certainly exceeds the one-year limitation set out under § 27-16-912. Sievers v. City of Fort Smith, 320 Ark. 136, 894 S.W.2d 940 (1995).

Subchapter 2 — Definitions

27-16-201 — 27-16-207. [Repealed.]

Publisher's Notes. This subchapter, concerning definitions, was repealed by Acts 2017, No. 448, § 20.

For current law, see §§ 27-16-104, 27-16-303. The history notes of the former sections have been added to §§ 27-16-104 and 27-16-303, as appropriate.

Subchapter 3 — Penalties

Effective Dates. Acts 1939, No. 72, § 3: Approved Feb. 10, 1939.

Acts 1941, No. 370, § 3: Approved Mar. 26, 1941. Emergency clauses provided: “It is hereby determined that the State Police Department is in need for additional funds for the efficient operation of said department, and it is further determined that by this efficient operation of said department the death rate from motor vehicle accidents has been greatly reduced and that by employing additional police as members of the department, crime will be further deterred; therefore, an emergency is declared to exist, this act being necessary for the public peace, health, and safety shall be in force and effect from and after its passage.”

Acts 1955, No. 278, § 4: Mar. 16, 1955. Emergency clause provided: “It is hereby determined that the present laws pertaining to the responsibility of parents for minors under the age of 18 who drive automobiles is inadequately defined and would permit a parent who violates the law by failing to sign his child's drivers license application to thus escape liability for such child's acts while driving; and thus immediate passage of this Act is necessary to remedy such situation; and therefore an emergency is declared to exist and this Act being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.”

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

27-16-301. Penalty generally.

In addition to any other penalties provided by the laws of this state and except as provided in subsection (b) of this section, a person who pleads guilty or nolo contendere to or has been found guilty of violating this chapter is guilty of a misdemeanor and shall be punished by:
1. A fine not more than five hundred dollars ($500);
2. Imprisonment of not more than ninety (90) days; or
3. Both a fine and imprisonment as provided under this subsection.
The penalty under this section does not apply if the violation is a felony or has a more serious penalty under this chapter or the laws of this state.

History. Acts 1937, No. 280, § 42; Pope's Dig., § 6866; Acts 1939, No. 72, § 2; 1941, No. 370, § 2; A.S.A. 1947, § 75-346; Acts 2001, No. 1802, § 1; 2013, No. 85, § 1.

Amendments. The 2013 amendment rewrote the section.

Case Notes

Civil Liability.

Parent who allows a minor child to drive without a license commits a misdemeanor, but violation of law does not make parent liable as a matter of law for negligence of child as result of a collision. Richardson v. Donaldson, 220 Ark. 173, 246 S.W.2d 551 (1952), superseded by statute as stated in, Vaught v. Ross, 244 Ark. 1218, 428 S.W.2d 631 (1968).

Prosecution.

No grand jury action, indictment, or information was necessary to prosecute the defendant for driving without a license, since driving without a license is a misdemeanor and a misdemeanor may be charged by a citation. Satterlee v. State, 289 Ark. 450, 711 S.W.2d 827 (1986).

Cited: Gran v. Hale, 294 Ark. 563, 745 S.W.2d 129 (1988); Cook v. State, 321 Ark. 641, 906 S.W.2d 681 (1995).

27-16-302. Unlawful use of license.

It is a misdemeanor for a person:
1. To display, or cause or permit to be displayed, or have in the person's possession a cancelled, revoked, suspended, fictitious, or fraudulently altered driver's license;
2. To knowingly assist or permit another person to apply for or obtain through fraudulent application or other illegal means an Arkansas driver's license;
3. To lend the person's driver's license to another person or knowingly permit its use by another;
4. To display or represent as one's own a driver's license not issued to the person;
5. To fail or refuse to surrender to the Office of Driver Services, upon its lawful demand, a driver's license that has been suspended, revoked, or cancelled;
6. To use a false or fictitious name in an application for a driver's license, to knowingly make a false statement, or to knowingly conceal a material fact or otherwise commit a fraud in an application;
7. To permit an unlawful use of a driver's license issued to the person; or
8. To do an act forbidden or fail to perform an act required by this chapter.
The court in which a person is convicted under subsection (a) of this section shall send to the Office of Driver Services a record of the conviction within ten (10) days of the filing of the conviction with the court clerk.

History. Acts 1937, No. 280, § 35; Pope's Dig., § 6859; Acts 1969, No. 348, § 1; A.S.A. 1947, § 75-339; Acts 1993, No. 445, § 3; 2011, No. 194, § 1.

Amendments. The 2011 amendment redesignated the former undesignated introductory language as the introductory language of (a); and inserted (b).

27-16-303. Driving while license cancelled, suspended, or revoked.

1. Any person whose driver's license or driving privilege as a resident or nonresident has been cancelled, suspended, or revoked as provided in this chapter and who drives any motor vehicle upon the highways of this state while the license or privilege is cancelled, suspended, or revoked is guilty of a misdemeanor.
2. Upon conviction, an offender shall be punished by imprisonment for not less than two (2) days nor more than six (6) months, and there may be imposed in addition thereto a fine of not more than five hundred dollars ($500).
1. The Office of Driver Services, upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while the license of the person was suspended, shall extend the period of the suspension for an additional like period and, if the conviction was upon a charge of driving while a license was revoked, the office shall not issue a new license for an additional period of one (1) year from and after the date the person would otherwise have been entitled to apply for a new license.
2. However, an application for a new license may be presented and acted upon by the office after the expiration of at least one (1) year after the date of revocation.

History. Acts 1937, No. 280, §§ 3, 37; Pope's Dig., § 6861; Acts 1959, No. 307, § 17; 1969, No. 300, § 1; A.S.A. 1947, §§ 75-303–75-341; Acts 1993, No. 445, § 4; 1999, No. 1018, § 1; 2017, No. 448, § 21.

Publisher's Notes. Subdivision (b)(2) of this section was formerly codified as part of § 27-16-206, now repealed.

Amendments. The 2017 amendment redesignated former (b) as (b)(1); and added (b)(2).

Cross References. Penalty for violation of this section, § 27-50-305.

Research References

Ark. L. Rev.

Bryan Altman, Comment: Improving the Indigent Defense Crisis Through Decriminalization, 70 Ark. L. Rev. 769 (2017).

Case Notes

Probable Cause.

Defendant's motion to suppress should have been granted because the officers lacked probable cause to arrest him for driving under a suspended or revoked driver's license, and consequently were precluded from inventorying his impounded vehicle in which 60 kilograms (130 pounds) of cocaine were discovered; therefore, conviction reversed on appeal in order to permit defendant to withdraw his guilty plea as provided for in ARCrP 24.3(b). Mounts v. State, 48 Ark. App. 1, 888 S.W.2d 321 (1994).

Suspension.

Violation As Grounds for Revocation of Suspended Sentence.

Trial court did not err in finding that defendant committed two criminal violations by leaving the scene of the accident and driving with a suspended license, §§ 27-53-101, 27-53-103, and subdivision (a)(1) of this section, or in revoking defendant's suspended sentence, based on evidence that he struck a pedestrian and left the scene. Jordan v. State, 2009 Ark. App. 859 (2009).

Cited: Stevens v. State, 319 Ark. 640, 893 S.W.2d 773 (1995); Cook v. State, 321 Ark. 641, 906 S.W.2d 681 (1995); Brown v. State, 54 Ark. App. 44, 924 S.W.2d 251 (1996); Hazelwood v. State, 328 Ark. 602, 945 S.W.2d 365 (1997).

27-16-304. Permitting unauthorized person to drive.

No person shall authorize or knowingly permit a motor vehicle owned by him or her or under his or her control to be driven upon any highway by any person who is not authorized under this chapter or is in violation of any of the provisions of this chapter.

History. Acts 1937, No. 280, § 39; Pope's Dig., § 6863; A.S.A. 1947, § 75-343.

Research References

Ark. L. Rev.

Negligent Entrustment Revisited: Developments 1966-76, 30 Ark. L. Rev. 288.

Case Notes

Cited: LeClaire v. Commercial Siding & Maintenance Co., 308 Ark. 580, 826 S.W.2d 247 (1992).

27-16-305. Permitting minor to drive.

No person shall cause or knowingly permit his or her child or ward under eighteen (18) years of age to drive a motor vehicle upon any highway when the minor is not authorized under this chapter or is in violation of any of the provisions of this act.

History. Acts 1937, No. 280, § 38; Pope's Dig., § 6862; Acts 1955, No. 278, § 1; A.S.A. 1947, § 75-342.

Research References

Ark. L. Rev.

Parent's Liability for Tortious Operation of Automobile by Minor Child, 5 Ark. L. Rev. 192.

Responsibility of Adults for Minors Who Drive Automobiles, 9 Ark. L. Rev. 389.

Family Torts in Automobile Cases, 13 Ark. L. Rev. 299.

Case Notes

Cited: LeClaire v. Commercial Siding & Maintenance Co., 308 Ark. 580, 826 S.W.2d 247 (1992).

27-16-306. Perjury.

Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed, is guilty of perjury.
Upon conviction, an offender shall be punishable by fine or imprisonment as other persons committing perjury are punishable.

History. Acts 1937, No. 280, § 36; Pope's Dig., § 6860; A.S.A. 1947, § 75-340.

Case Notes

Cited: Sievers v. City of Fort Smith, 320 Ark. 136, 894 S.W.2d 940 (1995).

Subchapter 4 — Office of Driver Services

Effective Dates. Acts 1965, No. 555, § 7: July 1, 1965.

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Acts 2001, No. 1694, § 9: July 1, 2002.

27-16-401. Definitions.

As used in this subchapter, unless the context otherwise requires:

“Commissioner” means the Secretary of the Department of Finance and Administration acting in his or her capacity as Commissioner of Motor Vehicles of this state;
“Director” means the Director of the Office of Driver Services;
“Driver” means the same as provided in § 27-16-104;
“Serious accident” means:
1. A reportable accident in which the driver is found at fault; and
2. The accident is placed on the driver's records by the Office of Driver Services; and
“Serious traffic violation” means any violation where the driver's privilege to operate a motor vehicle has by court order or by administrative action been withdrawn or any violation in which a driver has been found guilty of:
1. Any alcohol-related moving traffic violation;
2. Any seat belt violation;
3. Any commercial motor vehicle violation;
4. Driving fifteen (15) or more miles per hour over the speed limit;
5. Reckless driving;
6. Negligent homicide;
7. Using a vehicle to commit a felony;
8. Failure to carry liability insurance;
9. Leaving the scene of an accident;
10. Evading arrest;
11. Fleeing by use of an automobile;
12. Unsafe driving;
13. Hazardous driving;
14. Prohibited passing;
15. Passing stopped school bus;
16. Careless or negligent driving;
17. Failure to obey a traffic signal or device;
18. Failure to obey a railroad crossing barrier;
19. Racing on a highway;
20. Driving with a suspended, revoked, or cancelled license; or
21. Driving the wrong way down a one-way street.

History. Acts 1965, No. 555, § 1; A.S.A. 1947, § 75-353; Acts 1993, No. 445, § 5; 2001, No. 1694, § 10; 2019, No. 394, § 3; 2019, No. 910, § 4643.

Amendments. The 2019 amendment by No. 394 substituted “§ 27-16-104” for “§ 27-16-204” in (3).

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (1).

27-16-402. Creation.

There is established within the Department of Finance and Administration a separate office to be known as the “Office of Driver Services” which shall, acting under the direction and supervision of the Commissioner of Motor Vehicles, administer the provisions of this chapter and the other laws of this state regarding the licensing of motor vehicle drivers and the laws relating to the suspension and revocation of their licenses.
The commissioner shall, upon approval of the Governor, appoint a director of the office, and the director shall, acting under the supervision of the commissioner, serve as the principal administrative officer of the office.

History. Acts 1965, No. 555, § 2; A.S.A. 1947, § 75-354; Acts 1993, No. 445, § 6.

27-16-403. [Repealed.]

Publisher's Notes. This section, concerning central record files and the reporting of convictions, was repealed by Acts 1995, No. 959, § 1. The section was derived from Acts 1965, No. 555, § 3; 1967, No. 294, § 1; A.S.A. 1947, § 75-355; Acts 1993, No. 445, § 7.

27-16-404. [Repealed.]

Publisher's Notes. This section, concerning issuance of operator's and chauffeur's licenses, was repealed by Acts 1989, No. 193, § 10. The section was derived from Acts 1965, No. 555, § 4; 1967, No. 337, § 1; A.S.A. 1947, § 75-356.

Subchapter 5 — Administration Generally

Effective Dates. Acts 1967, No. 205, § 3: Mar. 6, 1967. Emergency clause provided: “It is hereby found and determined by the General Assembly that there are some persons who have been declared legally incompetent but who still possess a motor vehicle operator or chauffeur license to operate a motor vehicle on the roads and highways of this State; that this is a hazard to the safety of other motor vehicle operators; that such persons are not mentally capable of properly, safely and responsibly controlling the operation of a motor vehicle, and that in order to remedy this situation, it is necessary that this Act become effective immediately. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Acts 2001, No. 78, § 2: Jan. 1, 2002 by its own terms.

Acts 2003, No. 1001, § 5: Apr. 1, 2003: Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the state is experiencing severe revenue shortages which are affecting the operation of many state agencies; that the Department of Arkansas State Police has been hit hard by these shortages which have hampered its ability to replace worn out automobiles and other equipment, not to mention its ability to attract recruits because beginning salaries have remained below average; and that this act is immediately necessary because it provides some much needed additional monies to the Department of Arkansas State Police and should be given immediate effect. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2005, No. 1992, § 6: Apr. 11, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that currently there exists some confusion as to whether the fees collected for the reinstatement of a suspended or revoked driver's license should be collected for each offense or for each reinstatement; that due to the confusion, state agencies have not been allowed to collect the revenue that they anticipated for reinstatement fees which is causing a negative fiscal impact; and that this act is immediately necessary to clarify the law to prevent the impairment of agency operations due to a loss of anticipated revenue. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2015, No. 1193, § 3: Jan. 1, 2016, until June 30, 2016.

Acts 2017, No. 915, § 3: Sept. 1, 2017, until Jan. 15, 2019.

27-16-501. Records to be kept.

The Office of Driver Services shall file every application for a license received by the office and shall maintain suitable indices containing:
1. All applications denied and on each note the reasons for the denial;
2. All applications granted; and
3. The name of every licensee whose license has been suspended or revoked by the office and, after each name, note the reasons for the action.
The office shall also file all accident reports and abstracts of court records of convictions received by the office under the laws of this state and, in connection therewith, maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of the licensee and the traffic accidents in which he or she has been involved may be readily ascertainable and available for the consideration of the office upon any application for renewal of license at other suitable times.

History. Acts 1937, No. 280, § 24; Pope's Dig., § 6848; Acts 1969, No. 110, § 1; A.S.A. 1947, § 75-328.

27-16-502. Reporting of convictions and forwarding of licenses by courts.

Whenever any person is convicted of any offense for which this chapter makes mandatory the revocation of the driver's license of the person by the Office of Driver Services, the court in which the conviction is obtained shall require the surrender to the court of all driver's licenses then held by the person so convicted, and the court shall forward the driver's licenses together with a record of the conviction to the office.
Every court having jurisdiction over offenses committed under this chapter or any other law of this state regulating the operation of motor vehicles on highways shall forward to the office a record of the conviction of any person in the court for a violation of any laws and may recommend the suspension of the driver's license of the person so convicted.
1. As used in this section, the term “conviction” means a final conviction.
2. For the purposes of this section, a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which has not been vacated, shall be equivalent to a conviction.

History. Acts 1937, No. 280, § 28; Pope's Dig., § 6852; A.S.A. 1947, § 75-332; Acts 1993, No. 445, § 8.

Case Notes

Cited: City of Fayetteville v. Bell, 205 Ark. 672, 170 S.W.2d 666 (1943).

27-16-503. [Repealed.]

Publisher's Notes. This section, concerning report of chauffeur's conviction, was repealed by Acts 1993, No. 445, § 36. The section was derived from Acts 1947, No. 370, § 5; A.S.A. 1947, § 75-314.

27-16-504. Record of nonresident's conviction.

The Office of Driver Services is authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of the record to the motor vehicle administrator in the state wherein the person so convicted is a resident.

History. Acts 1937, No. 280, § 26; Pope's Dig., § 6850; A.S.A. 1947, § 75-330.

27-16-505. Notification of incompetency.

When any person is declared incompetent by reason other than minority in any county in the State of Arkansas, the probate clerk of the circuit court shall promptly notify the Office of Driver Services on such forms as the office shall prescribe:

The date the person was declared incompetent;
The address of the incompetent;
The person or institution having custody of the incompetent; and
The name of the guardian.

History. Acts 1967, No. 205, § 1; A.S.A. 1947, § 75-357.

27-16-506. Notice of change of address or name.

Whenever any person after applying for or receiving a driver's license shall move from the address named in the application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, the person shall within ten (10) days thereafter notify the Office of Driver Services in writing of his or her old and new addresses or of his or her former and new names and of the number of any license then held by him or her .
An application submitted by a licensee to change the licensee's name on the licensee's driver's license must be accompanied by the original or a certified copy of one (1) of the following official documents that provides evidence of the change of the licensee's name:
1. A recorded marriage license;
2. A court order;
3. A divorce decree; or
4. Any other document, including a document issued by the Department of Homeland Security, that is deemed to be satisfactory by the office as evidence that the name change is in accordance with state and federal laws.

History. Acts 1937, No. 280, § 23; Pope's Dig., § 6847; A.S.A. 1947, § 75-327; Acts 1993, No. 445, § 9; 1999, No. 1077, § 2; 2007, No. 492, § 1.

27-16-507. Registration with selective service.

1. Any United States male citizen or immigrant who is at least eighteen (18) years of age but less than twenty-six (26) years of age shall be registered for the Selective Service System when applying to the Department of Finance and Administration for the issuance, renewal, or a duplicate copy of:
  1. A driver's license;
  2. A commercial driver's license; or
  3. An identification card.
2. This registration is in compliance with the requirements of section 3 of the Military Selective Service Act, 50 U.S.C. § 451 et seq.
The department shall forward to the Selective Service System in an electronic format the necessary personal information required for registration of the applicants identified in this section.
The applicant's submission of the application shall serve as an indication that the applicant has already registered with the Selective Service System or that he is authorizing the department to forward to the Selective Service System the necessary information for registration.
The department shall notify the applicant on the receipt that his submission of the application for a license or identification card identified in this section will serve as his consent to be registered with the Selective Service System, if so required by federal law.
The department shall attempt to enter into an agreement with the Selective Service System to share the cost and data necessary to implement this section.

History. Acts 2001, No. 78, § 1.

27-16-508. Fee for reinstatement — Definition.

1. The Office of Driver Services of the Department of Finance and Administration shall collect a reinstatement fee of one hundred dollars ($100) to be multiplied by the number of administrative orders to suspend, revoke, or cancel a driver's license, other than:
  1. Orders eligible for reinstatement under § 5-65-119, § 5-65-304, § 5-65-310, or § 27-16-808; and
  2. Orders entered under § 27-16-909.
2. 1. If a person's driving privileges are suspended or revoked solely as a result of outstanding driver's license reinstatement fees imposed under the laws of this state, the office shall permit the person to pay only one (1) reinstatement fee of one hundred dollars ($100) to cover all administrative orders to suspend, revoke, or cancel a driver's license for a person ordered to pay a reinstatement fee under § 27-16-808 or subdivision (a)(1) of this section if a district court or circuit court verifies to the office that the person has:
    1. Paid all other court costs, fines, and fees associated with the criminal offense that led to his or her driver's license suspension;
    2. Graduated from a specialty court program; and
    3. Provided the sentencing court with a reinstatement letter from the Department of Finance and Administration showing all outstanding suspension or revocation orders.
  2. Subdivision (a)(2)(A) of this section does not apply to:
    1. A reinstatement fee ordered under this section, § 5-65-119, § 5-65-304, or § 5-65-310; or
    2. A fee ordered to reinstate commercial driving privileges.
3. A person may not avail himself or herself of the provisions of subdivision (a)(2) of this section more than one (1) time.
4. Upon notice to the taxpayer of certification of the intent to intercept the taxpayer's state income tax refund under § 26-36-301 et seq., the outstanding fees assessed under this section shall be set off against a taxpayer's state income tax refund.
5. A court may only verify the completion of the requirements under subdivision (a)(2)(A) of this section to the office for a suspension or revocation that occurred as a result of a conviction or other action taken in that particular court or jurisdiction.
The revenues derived from this fee shall be deposited into the State Treasury as special revenues to the credit of the Division of Arkansas State Police Fund.
The fee under this section is supplemental to and in addition to any fee imposed under § 5-65-119, § 5-65-304, § 5-65-310, or § 27-16-808.
As used in this section, “specialty court program” means a specialty court program as authorized by the Supreme Court under § 16-10-139.

History. Acts 2003, No. 1001, § 4; 2005, No. 1992, § 4; 2011, No. 194, § 2; ; 2015, No. 1193, § 3; 2017, No. 915, § 3; 2019, No. 803, § 4; 2019, No. 910, § 6038; 2019, No. 992, § 1.

A.C.R.C. Notes. Acts 2019, No. 992, § 3, provided: “Report required.

“(a) The Department of Finance and Administration shall prepare an annual report concerning this act that includes the following information:

“(1) The number of eligible participants;

“(2) The number of participants who were reinstated under this act; and

“(3) The dollar amount paid and the dollar amount written off during the time this act is effective.

“(b) The Department of Finance and Administration shall submit the report under subsection (a) of this section to the Legislative Council and the Director of the Department of Arkansas State Police by October 1 of each year”.

The amendment of this section by Acts 2019, No. 992, supersedes the amendment by Acts 2019, No. 803. Acts 2019, No. 803, amended the version of § 27-15-508(a) effective after January 15, 2019, to read as follows:

“(a)(1) The Office of Driver Services shall collect a reinstatement fee of one hundred dollars ($100) to be multiplied by the number of administrative orders to suspend, revoke, or cancel a driver's license, other than orders eligible for reinstatement under § 5-65-119, § 5-65-304, § 5-65-310, or § 27-16-808 and other than orders entered under § 27-16-909.

“(2) Upon notice to the taxpayer of certification of the intent to intercept the taxpayer's state income tax refund under § 26-36-301 et seq., the outstanding fees assessed under this section that are owed by a taxpayer shall be setoff against the taxpayer's state income tax refund.”

Amendments. The 2011 amendment substituted “§ 27-16-909” for “§ 27-16-907(a)(5)” in (a).

The 2015 amendment inserted designation (a)(1); and added (a)(2) and (a)(3).

The 2017 amendment redesignated (a) as (a)(1); added (a)(2) through (a)(4); and added (d).

The 2019 amendment by No. 803 added (a)(2) and redesignated former (a) as (a)(1).

The 2019 amendment by No. 910 substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” in (b).

The 2019 amendment by No. 992 added “Definition” in the section heading; and rewrote the section.

27-16-509. Reciprocal agreements — Definition.

1. As used in this section, “reciprocal agreement” means the Driver License Agreement or a similar proposed compact regarding the uniform transfer of driver's license information to prevent a person from having multiple driving records in multiple states or jurisdictions.
2. “Reciprocal agreement” includes an agreement that:
  1. Provides a consistent method of sharing driving records and updating violations in multiple states or jurisdictions, including ticket and violation information; and
  2. Takes advantage of technological advances in the transmission of data.
The purpose of this section is to allow the State of Arkansas to negotiate and consummate a reciprocal agreement with the duly authorized officials or representatives of the following:
1. A state or territory of the United States;
2. A state, territory, district, or province of Canada or Mexico; or
3. The government of the United States, Canada, or Mexico.
1. The Secretary of the Department of Finance and Administration may negotiate and consummate a reciprocal agreement as provided under this section.
2. If the Secretary of the Department of Finance and Administration enters into a reciprocal agreement under this section, then he or she shall exercise due regard for the advantage and convenience of resident drivers and citizens of the State of Arkansas.
3. The Secretary of the Department of Finance and Administration shall only enter into a reciprocal agreement that extends equal or greater privileges and exemptions to Arkansas motor vehicle drivers as compared to the privileges and exemptions provided to the other entity's motor vehicle drivers.
1. The Secretary of the Department of Finance and Administration shall enter into a reciprocal agreement under this section by promulgating rules in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
2. The reciprocal agreement shall become effective as outlined in the reciprocal agreement.
1. 1. If the Secretary of the Department of Finance and Administration enters into a reciprocal agreement under this section, then he or she shall submit a report to the following:
    1. The cochairs of the Legislative Council;
    2. The Chair of the House Committee on Public Transportation and the Chair of the Senate Committee on Public Transportation, Technology, and Legislative Affairs; and
    3. The Director of the Bureau of Legislative Research.
  2. The report shall be submitted within sixty (60) days after the reciprocal agreement becomes effective but no later than one hundred twenty (120) days before the convening of the Eighty-Sixth General Assembly regardless of the effective date of the reciprocal agreement.
2. The report under this subsection shall include the following:
  1. Drafts of legislation that make changes to the law that are necessary to comply with the reciprocal agreement;
  2. A report that explains the drafts of legislation;
  3. Background information related to the recommended changes in the law, including an explanation of how other states and governments are responding to the reciprocal agreement; and
  4. Any other information that is requested by the cochairs of the Legislative Council, the Chair of the House Committee on Public Transportation and the Chair of the Senate Committee on Transportation, Technology, and Legislative Affairs, or the Director of the Bureau of Legislative Research.

History. Acts 2005, No. 446, § 1; 2017, No. 448, §§ 22-24; 2019, No. 910, §§ 4644-4646.

Amendments. The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and “commissioner” throughout (c), (d), and (e); and inserted “Public” following “Senate Committee on” in (e)(1)(A)(ii).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” throughout (c), and in (d)(1) and (e)(1)(A).

Subchapter 6 — Licensing Requirements

Preambles. Acts 2015, No. 1199, contained a preamble which read:

“WHEREAS, injuries caused by motor vehicle accidents are the leading cause of death for children and adolescents in the United States and in Arkansas. Motor vehicle crashes rank first for injury-related deaths and disability, particularly for teenagers between fourteen (14) and nineteen (19) years of age, accounting for one-third (1/3) of teen deaths; and

“WHEREAS, the risk of motor vehicle accidents is highest when adolescents are learning to drive and within the first year after licensing. Adolescents represent the highest risk age group on the roads. Drivers sixteen (16) years of age are four (4) times more likely to be involved in a motor vehicle accident than drivers between the ages of twenty (20) and twenty-four (24); and

“WHEREAS, Arkansas has historically had much higher rates of teen driving crashes and fatalities than other states. As recently as 2008, Arkansas teens were dying at two (2) times the national average; and

“WHEREAS, motor vehicle death rates recently have decreased nationally and more dramatically in Arkansas, with a reduction of more than fifty percent (50%) in the past six (6) years; and

“WHEREAS, recent research has led to an improved understanding of the factors that make learning to drive and novice driving safer, including a three phase approach: the learner stage with supervised driving, the intermediate stage permitting solo driving with restrictions on high-risk situations, followed by granting a full license without driving restrictions; and

“WHEREAS, new research that focuses on supervised driver experience during the learner's period demonstrates the importance of having a licensed driver as a coach during the first twelve (12) months of driving experience while learning to negotiate the many demands of driving safely, reducing the likelihood of deaths and insurance claims for drivers sixteen (16) years of age by as much as twenty-six percent (26%); and

“WHEREAS, statistical research offered by the Arkansas Center for Health Improvement, in coordination with the Injury Prevention Center at Arkansas Children's Hospital, demonstrates that parental involvement, teen driver education, and enforcement of the principles of the graduated drivers licenses contained in Arkansas Code § 27-16-701, et seq., and Arkansas Code § 27-16-801, et seq., have reduced the loss of life and injuries to teen drivers; and

“WHEREAS, a demonstrated need exists for more parental education about the mechanics and procedures contained in the graduated drivers license laws to help Arkansas families procure drivers licenses for their teenagers; and

“WHEREAS, in rural Arkansas limited opportunities exist for teens to apply, take the written driving test, and take the drivers' skills test necessary to procure a drivers license; and

“WHEREAS, it is in the best interest of Arkansas's families to streamline the process to reduce time away from work for parents; and

“WHEREAS the Department of Arkansas State Police is the lead governmental agency in testing for drivers licenses and providing information about obtaining drivers licenses; and

“WHEREAS, the Department of Arkansas State Police is promulgating rules and conducting training to make drivers license testing consistent across the state; and

“WHEREAS, the Department of Arkansas State Police is taking steps to proliferate vital information about drivers education and licensing procedures; and

“WHEREAS, the Department of Finance and Administration dispenses the drivers' licenses after all prerequisites have been complied with by prospective teen drivers and their families through the Department of Arkansas State Police, NOW THEREFORE, ... .”

Effective Dates. Acts 1969, No. 142, § 8: July 1, 1969.

Acts 1989, No. 193, § 12: July 1, 1989. Emergency clause provided: “It is hereby found and determined by the Seventy-Seventh Arkansas General Assembly that Arkansas does not currently have any specific standards for testing the eyesight of motor vehicle and motorcycle operators; that after the initial eyesight test of an applicant for a motor vehicle or motorcycle operator's license, Arkansas does not require on renewal of the license any subsequent examination of any driver's eyesight; and therefore all drivers on the public streets and highways are endangered since many drivers with less than adequate visual acuity are able to receive or renew their motor vehicle or motorcycle operator's license. Further, it is found and determined that Arkansas driver's licenses can be renewed for a two year period or for a four year period; that this dual option for renewal of driver's licenses requires an excessive amount of administrative resources and therefore the renewal period for Arkansas driver's licenses should be limited to a single four year period for all drivers. In order to prevent any further endangerment of the driving public and to reduce the administrative cost of issuing driver's licenses, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force from and after July 1, 1989.”

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Acts 2001, No. 1694, § 9: July 1, 2002.

27-16-601. Driver's license to be carried and exhibited on demand.

A licensee shall have his or her driver's license or a digital copy of the driver's license provided by the Office of Driver Services under § 27-16-801 in his or her immediate possession at all times when operating a motor vehicle and shall display the driver's license or a digital copy of the driver's license upon demand of a justice of the peace, a peace officer, or an employee of the office.
No person charged with violating this section shall be convicted if he or she produces in court a driver's license issued to him or her and valid at the time of his or her arrest.

History. Acts 1937, No. 280, § 19; Pope's Dig., § 6843; A.S.A. 1947, § 75-323; Acts 1993, No. 445, § 10; 2017, No. 557, § 1.

Amendments. The 2017 amendment, in (a), substituted “A” for “Every”, inserted “or a digital copy of the driver's license provided by the Office of Driver Services under § 27-16-801”, substituted “driver's license or a digital copy of the driver's license” for “license”, and substituted “office” for “Office of Driver Services”.

Case Notes

Investigatory Stop of Vehicles.

Where a state police officer observed an automobile with out-of-state license plates which was traveling at a slow rate of speed on an interstate highway and which contained two occupants sitting low in the seat, he was justified in stopping the vehicle to investigate the reason for the slow speed and to determine the age of the operator who was demanded to exhibit his driver's license. Perez v. State, 260 Ark. 438, 541 S.W.2d 915 (1976).

Cited: Brenneman v. State, 264 Ark. 460, 573 S.W.2d 47 (1978).

27-16-602. Driver's license required.

No person, except those expressly exempted, shall drive any motor vehicle upon a highway in this state unless the person has a valid driver's license under the provisions of this chapter.
1. No person shall receive a driver's license unless and until he or she surrenders to the Office of Driver Services all valid driver's licenses in his or her possession issued to him or her by any other jurisdiction.
2. All surrendered licenses shall be returned by the office to the issuing department together with information that the licensee is now licensed in the new jurisdiction.
3. No person shall be permitted to have more than one (1) valid driver's license at any time.
1. No person shall drive a commercial motor vehicle as a commercial driver unless he or she holds a valid commercial driver's license.
2. No person shall receive a commercial driver's license unless and until he or she surrenders to the office any noncommercial driver's license issued to him or her or an affidavit that he or she does not possess a noncommercial driver's license.
3. Any person holding a valid commercial driver's license under this chapter need not procure a noncommercial driver's license.
Any person licensed under this chapter may exercise the privilege granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise the privilege by any county, municipal, or local board or body having authority to adopt local police regulations.

History. Acts 1937, No. 280, § 7; Pope's Dig., § 6831; Acts 1959, No. 307, § 12; A.S.A. 1947, § 75-307; Acts 1993, No. 445, § 11.

Cross References. License required for motorcycles, etc., § 27-20-106.

Penalty for violation of this section, § 27-50-305.

Research References

Ark. L. Rev.

Responsibility of Adults for Minors Who Drive Automobiles, 9 Ark. L. Rev. 389.

Case Notes

In General.

The state has the police power to promulgate regulations calculated to promote safety in the use of highways. Driving a motor vehicle on a public highway is a privilege, and not an unrestrained, natural right, and the state may require a license of those who exercise the privilege. Satterlee v. State, 289 Ark. 450, 711 S.W.2d 827 (1986).

Arrest.

Custodial arrest on an expired driver's license charge was not pretextual, and fruits of search made incident to the arrest need not have been excluded. Williams v. State, 23 Ark. App. 121, 743 S.W.2d 402, 1988 Ark. App. LEXIS 31 (1988).

Driving Without License.

Cited: Gran v. Hale, 294 Ark. 563, 745 S.W.2d 129 (1988); Jones v. City of Newport, 29 Ark. App. 42, 780 S.W.2d 338 (1989); Jones v. State, 314 Ark. 383, 862 S.W.2d 273 (1993).

27-16-603. Persons exempted from licensing.

The following persons are exempt from licensing under this chapter:

A person who operates a motor vehicle for a military purpose:
1. While in the service of the:
  1. United States Army, United States Air Force, United States Navy, United States Coast Guard, or United States Marine Corps; or
  2. National Guard and reserve components of the armed forces; or
2. While serving as a National Guard military technician;
Any person while operating or driving any road machine, farm tractor, or implement of husbandry temporarily operated or moved on a highway;
A nonresident who is at least sixteen (16) years of age and who has in his or her immediate possession a valid noncommercial driver's license issued to him or her in his or her home state or country may operate a motor vehicle in this state only as a noncommercial driver;
A nonresident who is at least eighteen (18) years of age and who has in his or her immediate possession a valid commercial driver's license issued to him or her by his or her home state or country may operate a motor vehicle in this state as a noncommercial driver or may operate a commercial motor vehicle as provided by § 27-23-123; and
Any nonresident who is at least eighteen (18) years of age whose home state or country does not require the licensing of noncommercial drivers may operate a motor vehicle as a noncommercial driver only, for a period of not more than ninety (90) days in any calendar year, if the motor vehicle so operated is duly registered in the home state or country of the nonresident.

History. Acts 1937, No. 280, § 8; Pope's Dig., § 6832; Acts 1981, No. 852, § 1; A.S.A. 1947, § 75-308; Acts 1993, No. 445, § 12; 2005, No. 879, § 3; 2009, No. 456, § 3.

Amendments. The 2009 amendment rewrote (1).

Case Notes

Cited: Jones v. City of Newport, 29 Ark. App. 42, 780 S.W.2d 338 (1989).

27-16-604. Persons not to be licensed.

The Office of Driver Services shall not issue any license under this chapter to any person:
1. As a noncommercial driver who is under eighteen (18) years of age, except that the Office of Driver Services may issue an intermediate license as provided to any person who is at least sixteen (16) years of age and a learner's permit license to any person who is at least fourteen (14) years of age. This age restriction does not apply to a person who is at least sixteen (16) years of age and:
  1. Married;
  2. Possesses a high school diploma;
  3. Has successfully completed a high school equivalency test; or
  4. Is enlisted in the United States military;
2. As a commercial driver who is under eighteen (18) years of age;
3. As a commercial or noncommercial driver whose:
  1. License to operate a motor vehicle has been suspended, in whole or in part, by this state or by any other state, during the suspension; or
  2. License has been revoked, in whole or in part, by this state or by any other state, until the expiration of one (1) year after the license was revoked;
4. As a commercial or noncommercial driver who is a habitual drunkard, a habitual user of narcotic drugs, or a habitual user of any other drug to a degree which renders him or her incapable of safely driving a motor vehicle;
5. As a commercial or noncommercial driver who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law;
6. As a commercial or noncommercial driver who is required by this chapter to take an examination, unless the person shall have successfully passed the examination;
7. Who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof;
8. Who 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 20/70 in the better eye or if the total visual field of the person is less than one hundred five degrees (105°);
9. Whose operation of a motor vehicle on the highways the Secretary of the Department of Finance and Administration has good cause to believe would be inimical to public safety or welfare;
10. Who is making an initial application for an Arkansas driver's license and who is not lawfully within the United States;
11. Who is a noncommercial driver between sixteen (16) and eighteen (18) years of age who has not possessed a restricted license, an instruction permit, or a combination of both a restricted license and an instruction permit for at least six (6) months;
12. Who is making an initial application for an Arkansas driver's license and cannot provide the information required under § 27-16-1105(a); or
13. Who is seeking an initial application or renewal of an Arkansas driver's license or photo identification and cannot show either an Arkansas driver's license or identification, two (2) primary documents, or one (1) primary and one (1) secondary document prescribed by the Department of Finance and Administration and updated as needed.
The Office of Driver Services is authorized to secure from all state agencies involved the necessary information to comply with the provisions of this section.
The department shall promulgate a list of documents acceptable under subdivision (a)(12) or subdivision (a)(13) of this section and post the list in each revenue office in the state.

History. Acts 1937, No. 280, § 9; Pope's Dig., § 6833; Acts 1959, No. 307, § 13; 1967, No. 339, § 1; 1969, No. 142, § 7; A.S.A. 1947, § 75-309; Acts 1989, No. 193, § 1; 1993, No. 445, § 13; 1997, No. 208, § 33; 1997, No. 1099, § 1; 1999, No. 25, § 1; 2001, No. 1694, § 1; 2001, No. 1812, §§ 2, 3; 2007, No. 444, § 1; 2015, No. 696, § 1; 2015, No. 1115, § 31; 2015, No. 1199, § 3; 2017, No. 448, § 25; 2019, No. 910, § 4647.

A.C.R.C. Notes. Acts 2001, No. 1812, § 1, provided:

“The purpose of this act is to clarify changes made by Act 1099 of 1997 in order to cure certain unintended consequences of the act which have had an adverse impact on individual citizens residing in the State of Arkansas.”

Acts 2015, No. 1199, § 1, provided: “Title. This act shall be known and may be cited as the ‘Arkansas Teen Driver and Parental Education Act of 2015’.”

Acts 2015, No. 1199, § 2, provided: “Duties of Department of Arkansas State Police.

The Department of Arkansas State Police shall:

“(1) Improve its official website in coordination with the Injury Prevention Center at Arkansas Children's Hospital to:

“(A) Become the repository of information regarding the mechanics and procedures for obtaining graduated drivers licenses; and

“(B) Include without limitation:

“(i) A parental checklist of steps needed to obtain a graduated drivers license;

“(ii) Specific information about documents needed to make application for a graduated drivers license; and

“(iii) Specific information regarding the times for the written driving tests and the driving skills tests in each county of the state;

“(2) In coordination with the Injury Prevention Center at Arkansas Children's Hospital, distribute information electronically, virtually, and through literature about the graduated drivers license application and procedures to:

“(A) Secondary schools throughout the state; and

“(B) Parents of prospective drivers;

“(3) Update the drivers manual in coordination with the Injury Prevention Center at Arkansas Children's Hospital; and

“(4)(A) File a report with the cochairs of the Legislative Council and the Director of the Bureau of Legislative Research within one hundred eighty (180) days of the effective date of this act.

“(B) The report shall include:

“(i) A detailed description of all steps taken to comply with this section; and

“(ii) Recommendations to improve drivers licensing practices and procedures, driver education, and driver safety in this state.”

Amendments. The 2015 amendment by No. 696 substituted “20/70” for “20/50” in (a)(8).

The 2015 amendment by No. 1115 substituted “high school equivalency test” for “General Educational Development test” in (a)(1)(C).

The 2015 amendment by No. 1199 inserted “an instruction permit, or a combination of both a restricted license and an instruction permit” in (a)(11).

The 2017 amendment substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” in (a)(9).

The 2019 amendment substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(9).

Research References

Ark. L. Rev.

Parent's Liability for Tortious Operation of Automobile by Minor Child, 5 Ark. L. Rev. 192.

Family Torts in Automobile Cases, 13 Ark. L. Rev. 299.

Case Notes

Minors.

Alleged negligence of parent in allowing minor child to drive car without a license is for the jury, but such fact alone does not show negligence per se on the part of the parent. Richardson v. Donaldson, 220 Ark. 173, 246 S.W.2d 551 (1952), superseded by statute as stated in, Vaught v. Ross, 244 Ark. 1218, 428 S.W.2d 631 (1968).

Parent of minor child was guilty of negligence per se where he purchased automobile for him and allowed him to operate it in violation of this section. Carter v. Montgomery, 226 Ark. 989, 296 S.W.2d 442 (1956).

Where a state police officer observed an automobile with out-of-state license plates which was traveling at a slow rate of speed on an interstate highway and which contained two occupants sitting low in the seat, he was justified in stopping the vehicle to investigate the reason for the slow speed and to determine the age of the operator. Perez v. State, 260 Ark. 438, 541 S.W.2d 915 (1976).

Proximate Cause.

If a violation of this section by a defendant is not the direct and proximate cause of an accident, the defendant is not liable for the injury of which complaint is made. Carter v. Montgomery, 226 Ark. 989, 296 S.W.2d 442 (1956).

27-16-605. Duties of person renting motor vehicle to another.

No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed under this chapter or, in the case of a nonresident, then duly licensed under the laws of the state or country of his or her residence, except a nonresident whose home state or country does not require that a driver be licensed.
No person shall rent a motor vehicle to another until he or she has inspected the commercial or noncommercial driver's license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of the person written in his or her presence.
1. Every person renting a motor vehicle to another shall keep a record of:
  1. The registration number of the motor vehicle so rented;
  2. The name and address of the person to whom the vehicle is rented;
  3. The number of the license of the person; and
  4. The date and place when and where the license was issued.
2. This record shall be open to inspection by any police officer or officer or employee of the office.

History. Acts 1937, No. 280, § 41; Pope's Dig., § 6865; A.S.A. 1947, § 75-345; Acts 1993, No. 445, § 14.

27-16-606. When residents and nonresidents to obtain state registration and license.

Within thirty (30) calendar days of becoming a resident, any person who is a resident of this state shall obtain an Arkansas driver's license in order to drive upon the streets and highways of this state.
Any nonresident who has been physically present in this state for a period of six (6) months shall obtain an Arkansas driver's license in order to drive upon the streets and highways of this state.

History. Acts 1993, No. 445, § 43; 1999, No. 912, § 3.

Subchapter 7 — Application and Examination

Effective Dates. Acts 1943, No. 128, § 2: Feb. 26, 1943. Emergency clause provided: “This act being necessary for the preservation of the public peace, health and safety of the State, an emergency is hereby declared to exist and this act shall be in full force and effect immediately from and after its passage and approval.”

Acts 1961, No. 495, § 3: Mar. 17, 1961. Emergency clause provided: “It is hereby found and declared by the General Assembly that the present laws pertaining to the responsibility of parents for minors under the age of eighteen (18) years who drive automobiles is inadequately defined and that the immediate passage of this Act is necessary to remedy such situation. Therefore, an emergency is hereby declared to exist and this Act being necessary for the preservation of the public peace, health and safety and welfare shall be in effect from and after the date of its passage and approval.”

Acts 1987, No. 274, § 5: Mar. 17, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that drivers' license numbers should be the same as Social Security numbers to the extent possible; that in order to accomplish this conversion approximately $150,000 will be required to cover the cost of the conversion; that this act levies an additional license renewal fee in order to generate these revenues; the additional fee should become effective at the beginning of the next fiscal year and unless this emergency clause is adopted this act may not go into effect until after the beginning of the next fiscal year. Therefore, an emergency is hereby declared to exist and this Act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1993, No. 445, § 37: Sections 1-36 effective on and after Jan. 1, 1994.

Identical Acts 1994 (2nd Ex. Sess.), Nos. 30 and 31, § 9: Aug. 24, 1994. Emergency clause provided: “It is hereby found and determined by the Seventy-Ninth General Assembly, meeting in Second Extraordinary Session, that under current law, sixteen and seventeen year olds can no longer enroll in adult education and attend a GED program, and the GED programs are more suitable than the public schools in meeting the educational needs of some sixteen and seventeen year olds. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 400, § 11: Mar. 7, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the immediate implementation of this Act is necessary to clarify testing requirements for home-schooled students and is further necessary to efficient operation of the Arkansas Department of Education. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1609, § 2: Apr. 16, 2001. Emergency clause provided: “It is hereby found and determined by the Eighty-third General Assembly that under present law students who are sixteen or seventeen years of age may not obtain a driver's license unless they have maintained at least a ‘C’ average for the previous semester; that the law has proven to be too restrictive; that this act will allow a student with less than a ‘C’ average to obtain a restricted driver's license to drive to and from work; and that until this act goes into effect, some students may unnecessarily suffer an undue hardship. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1694, § 9: July 1, 2002.

27-16-701. Application for license or instruction permit — Restricted permits — Definition.

1. Every application for an instruction permit or for a commercial or noncommercial driver's license shall be made upon a form furnished by the Office of Driver Services, and every application shall be accompanied by the required fee.
2. The commercial driver's license or noncommercial driver's license shall include the intermediate driver's license issued to persons who are less than eighteen (18) years of age and the learner's license issued to persons who are less than sixteen (16) years of age.
Every application shall:
1. State the full name, date of birth, sex, and residence address of the applicant;
2. Briefly describe the applicant; and
3. State whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, whether any license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for suspension, revocation, or refusal.
1. Every application form for an instruction permit, a commercial or noncommercial driver's license, or any renewal of these licenses or permits shall include space for the applicant's Social Security number if he or she has been assigned such a number.
2. Every applicant shall supply his or her Social Security number on the application form when he or she has been assigned such a number.
Every application for an instruction permit or for a driver's license by a person less than eighteen (18) years of age on October 1 of any year shall be accompanied by:
1. A check of the applicant's driving record to verify that the applicant for a learner's license or an intermediate driver's license has been free of a serious accident and conviction of a serious traffic violation for the last six (6) months and that an applicant with an intermediate driver's license applying for a regular license has been free of a serious accident and conviction of a serious traffic violation for the last twelve (12) months;
2. An acknowledgment signed by the applicant of a learner's license that the student is aware that all passengers riding in the motor vehicle shall wear seat belts at all times and that the student is restricted to driving only when accompanied by a driver over twenty-one (21) years of age;
3. An acknowledgment signed by the applicant for an intermediate driver's license that all passengers riding in the motor vehicle shall wear seat belts at all times;
4. An acknowledgment signed by the applicant for a learner's license or an intermediate driver's license that the applicant is prohibited from using a cellular telephone or other interactive wireless communication device while operating a motor vehicle;
5. 1. An acknowledgment signed by the applicant for an intermediate driver's license that the applicant shall not operate a motor vehicle on public streets or highways with more than one (1) unrelated minor passenger in the motor vehicle unless the applicant is accompanied by a licensed driver who is twenty-one (21) years of age or older.
  2. As used in this section, “unrelated minor passenger” means a passenger who is under twenty-one (21) years of age and who is not:
    1. A sibling of the driver;
    2. A step-sibling of the driver; or
    3. A child who resides in the same household as the driver; and
6. An acknowledgment signed by the applicant for an intermediate driver's license that the applicant shall not operate a motor vehicle on public streets or highways between the hours of 11:00 p.m. and 4:00 a.m. unless the applicant is:
  1. Accompanied by a licensed driver who is twenty-one (21) years of age or older;
  2. Driving to or from a school activity, church-related activity, or job; or
  3. Driving because of an emergency.
1. In cases in which demonstrable financial hardship would result from the failure to issue a learner's permit or driver's license, the Department of Finance and Administration may grant exceptions only to the extent necessary to ameliorate the hardship.
2. If it can be demonstrated that the conditions for granting a hardship were fraudulent, the parent, guardian, or person in loco parentis shall be subject to all applicable perjury statutes.
The department shall have the power to promulgate rules to carry out the intent of this section.

History. Acts 1937, No. 280, § 12; Pope's Dig., § 6836; Acts 1969, No. 302, § 1; A.S.A. 1947, § 75-311; Acts 1987, No. 274, § 1; 1989, No. 8, § 1; 1991, No. 716, § 1; 1991, No. 831, § 1; 1993, No. 445, § 15; 1993, No. 971, § 1; 1994 (2nd Ex. Sess.), No. 30, § 3; 1994 (2nd Ex. Sess.), No. 31, § 3; 1997, No. 400, § 7; 1997, No. 1200, § 1; 2001, No. 1609, § 1; 2001, No. 1694, § 2; 2003, No. 836, § 1; 2009, No. 394, § 4; 2017, No. 806, §§ 1, 2; 2019, No. 315, § 3115; 2019, No. 617, § 1; 2019, No. 910, § 2408.

A.C.R.C. Notes. As enacted, the 1989 amendment to (c) began: “On and after January 1, 1989.”

As originally amended by Acts 1993, No. 445, § 15 and No. 971, § 1, subdivisions (d)(1)(A)(i), (d)(1)(A)(ii) and (d)(2)(B) began: “After July 1, 1993.”

The repeal of subsection (e) by Acts 2019, No. 617, supersedes the amendment of this section by Acts 2019, No. 910. Acts 2019, No. 910, § 2408, amended subsection (e) to read as follows: “(e) The Division of Elementary and Secondary Education shall develop guidelines for use by school districts to provide a certified exemption from the ‘C’ average requirement of subdivisions (d)(1)-(3) of this section to a student found to be performing at his or her fullest level of capability although that may be below a ‘C’ average.”

Publisher's Notes. Identical Acts 1994 (2nd Ex. Sess.), Nos. 30 and 31, § 5 provided: “The Department of Vocational Education shall promulgate emergency rules and regulations to implement the provisions of this act relative to adult education within ten (10) days from and after its passage and approval.”

Amendments. The 2009 amendment inserted (d)(7) through (d)(9).

The 2017 amendment rewrote (d)(1)(B); and repealed (d)(1)(C).

The 2019 amendment by No. 315 deleted “and regulations” following “rules” in (g) [now (f)].

The 2019 amendment by No. 617 deleted former (d)(1) through (d)(3) and redesignated the remaining subdivisions of (d) accordingly; deleted former (e), (f)(1), and (f)(2); redesignated former (f)(3)(A) and (f)(3)(B) as (e)(1) and (e)(2); redesignated former (g) as (f); and deleted “and shall distribute to each public, private, and parochial school and each adult education program a copy of all rules and regulations adopted under this section” following “section” in (f).

The 2019 amendment by No. 910 substituted “Division of Elementary and Secondary Education” for “Department of Education” in (e) [now deleted].

Research References

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Transportation, Social Security Number as Driver's License Number, 26 U. Ark. Little Rock L. Rev. 504.

27-16-702. Application of minor for instruction permit, learner's license, or intermediate driver's license — Definition.

1. 1. The original application of any person under eighteen (18) years of age applying to take the driver's license examination or applying for an instruction permit, a learner's license, an intermediate driver's license, or a motor-driven cycle or motorcycle license, shall be signed and verified before a person authorized to administer oaths by either the father or mother of the applicant, if either is living and has custody.
  2. In the event that neither parent is living or has custody, then the application shall be signed by the person or guardian having custody or by an employer of the minor.
  3. In the event that there is no guardian or employer, then the application shall be signed by any other responsible person who is willing to assume the obligations imposed under this subchapter upon a person signing the application of a minor.
  4. For a person under eighteen (18) years of age in the custody of the Department of Human Services, the Director of the Division of Children and Family Services or his or her designee may authorize an employee of the Department of Human Services or any foster parent to sign the application.
2. For purposes of this section, an oath required under subdivison (a)(1)(A) of this section may be administered within thirty (30) days before the application is submitted by the applicant, and the oath is not required to be administered at the Office of Driver Services.
3. Duly authorized agents of the Secretary of the Department of Finance and Administration may administer oaths without charge.
4. A person authorized to sign the application under subdivision (a)(1) of this section is not required to personally appear at the time the applicant submits the application.
1. Except as provided under subdivision (b)(2) of this section, any negligence or willful misconduct of a minor under eighteen (18) years of age when driving a motor vehicle upon a highway shall be imputed to the person who signed the application of the minor for a permit or license, regardless of whether the person who signed was authorized to sign under subsection (a) of this section, which person shall be liable with the minor for any damages caused by the negligence or willful misconduct.
2. 1. For a person under eighteen (18) years of age in the custody of the Department of Human Services, any negligence or willful misconduct of the person when driving a motor vehicle upon a highway shall not be imputed to the authorized employee or authorized foster parent who signed the application of the minor for a permit or license.
  2. The authorized employee or authorized foster parent shall not be held liable in conjunction with the minor for any damages caused by the negligence or willful misconduct of the minor.
1. If any person who is required or authorized by subsection (a) of this section to sign the application of a minor in the manner therein provided shall cause, or knowingly cause, or permit his or her child or ward or employee under eighteen (18) years of age to drive a motor vehicle upon any highway, then any negligence or willful misconduct of the minor shall be imputed to this person, and this person shall be liable with the minor for any damages caused by the negligence or willful misconduct.
2. The provisions of this subsection shall apply regardless of the fact that a learner's license or an intermediate driver's license may or may not have been issued to the minor.
3. As used in this section, “minor” means any person who has not attained eighteen (18) years of age.
The provisions of this section shall apply in all civil actions, including, but not limited to, both actions on behalf of and actions against the persons required or authorized by subsection (a) of this section to sign the application in the manner therein provided.

History. Acts 1937, No. 280, § 13; Pope's Dig., § 6837; Acts 1961, No. 495, § 1; 1969, No. 302, § 2; A.S.A. 1947, § 75-315; Acts 1987, No. 409, § 1; 1993, No. 445, § 16; 1995, No. 959, §§ 3-5; 2001, No. 1694, § 3; 2007, No. 216, §§ 1-3; 2017, No. 448, § 26; 2019, No. 910, § 4648; 2019, No. 961, § 1.

Amendments. The 2017 amendment, in (a)(2), substituted “Director of the Department of Finance and Administration” for “Commissioner of Motor Vehicles” and “may” for “shall be authorized to”.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (a)(2) [now (a)(3)].

The 2019 amendment by No. 961 inserted “applying to take the driver's license examination or applying” in (a)(1)(A); inserted (a)(2), and redesignated former (a)(2) as (a)(3); deleted “For purposes of this section” from the beginning of (a)(3); added (a)(4); and made stylistic changes.

Research References

Ark. L. Rev.

Parent's Liability for Tortious Operation of Automobile by Minor Child, 5 Ark. L. Rev. 192.

Responsibility of Adults for Minors Who Drive Automobiles, 9 Ark. L. Rev. 389.

Family Torts in Automobile Cases, 13 Ark. L. Rev. 299.

U. Ark. Little Rock L.J.

Survey of Arkansas Law: Torts, 6 U. Ark. Little Rock L.J. 211.

Case Notes

Purpose.

The statutory purpose of this section is to ensure financial responsibility for a minor's use of a vehicle, and it does not impose liability on a party signing the application for license where the law imposes none on the minor for whom the financial responsibility is assumed. Kyser v. Porter, 261 Ark. 351, 548 S.W.2d 128 (1977).

The intent of this section is to impute the negligence of a minor, whether such negligence is characterized as negligence, contributory negligence, or comparative negligence, to the parents. Garrison v. Funderburk, 262 Ark. 711, 561 S.W.2d 73 (1978).

Authority to Sign Application.

Only if neither parent is living is anyone else authorized to sign a minor's application for a driver's license. Jones v. Davis, 300 Ark. 130, 777 S.W.2d 582 (1989).

Minor's cousin, who signed his application for him even though he was not authorized to sign because the boy's mother was living and he did not have custody or guardianship of the minor, was properly found joint and severally liable for minor's negligence; the act of signing the application brought him within the purview of the statute and he could not say he should be excused from the liability incurred under the statutory provisions because he acted in a manner not authorized by that statute. Jackson v. Houchin, 85 Ark. App. 11, 144 S.W.3d 764 (2004).

Comparative Negligence.

Where a minor driving his parent's automobile was found to be a certain percent at fault in an accident, the minor's comparative negligence would be imputed to his parent. Garrison v. Funderburk, 262 Ark. 711, 561 S.W.2d 73 (1978).

Where a parent sues for damages on his own behalf and on behalf of a minor child in a cause of action arising out of the same negligent act, the child's contributory negligence may be asserted against the parent even though the negligence is not imputed to the parent, the parent's cause of action being deemed to be derivative and subject to the comparative negligence of the child. Kirkendoll v. Hogan, 267 Ark. 1083, 593 S.W.2d 498 (Ct. App. 1980).

Defenses of Minors.

In an action against the owner of an automobile for negligence or willful misconduct of a minor in possession of the automobile, this section does not transfer to the owner, as a bar against his own negligence, all of the defenses the minor driver may have. Garrison v. Williams, 246 Ark. 1172, 442 S.W.2d 231 (1969).

Since this section does not impose liability on a party signing the application for license where the law imposes none on a minor for whom the financial responsibility was assumed, defenses which the minor might have under the guest statute would also be available to the parent. Kyser v. Porter, 261 Ark. 351, 548 S.W.2d 128 (1977).

Highways.

Where a collision occurred upon a paved road on school grounds, the road leading from a parking area to the city street and being open for use by students and others having occasion to enter the school yard, it was held that such road was a highway, a “highway” being defined to be a “carriage way, a horse way, a foot way, or a navigable river.” Summerhill v. Shannon, 235 Ark. 617, 361 S.W.2d 271 (1962).

Instructions.

Where the trial court refused to give a model instruction, as requested by the plaintiff, to the effect that the parents of a defendant minor child who was operating a vehicle which struck the plaintiff's decedent were required by law to sign the minor's application for an operator's license and that if they knowingly permitted the minor to drive the vehicle and if the minor was negligent, then his negligence would be charged to his parents, the refusal by the trial court was not error, since no issue was presented as to whether the parents had signed the license application or whether they had permitted the minor to drive and also since the instruction could have been prejudicial because, as the plaintiff's attorney seemed to admit, such an instruction would have made it more likely for the jury to have determined that the minor was negligent, despite its irrelevancy to that conclusion. Andrews v. Springer, 268 Ark. 646, 594 S.W.2d 586 (Ct. App. 1980).

Liability of Parents.

As to parents held liable for negligence of minor children, see Richardson v. Donaldson, 220 Ark. 173, 246 S.W.2d 551 (1952), superseded by statute as stated in, Vaught v. Ross, 244 Ark. 1218, 428 S.W.2d 631 (1968); Ross v. Vaught, 246 Ark. 1002, 440 S.W.2d 540 (1969); Garrison v. Williams, 246 Ark. 1172, 442 S.W.2d 231 (1969); Rogers v. Watkins, 258 Ark. 394, 525 S.W.2d 665 (1975); Rogers v. MFA Mut. Ins. Co., 262 Ark. 55, 554 S.W.2d 327 (1977).

Under the plain language of this section, the negligence of a minor cannot be imputed to the noncustodial parent. Garrison v. Aquino, 2017 Ark. App. 338, 523 S.W.3d 905 (2017).

Trial court properly entered summary judgment in favor of a father in a driver's action alleging that a son's negligence was imputed to the father because the father had no legal authority to permit his son to drive while he was in the mother's custody; as the noncustodial parent, the father had no legal or practical authority to “cause, knowingly cause, or permit” the son to drive while the son was in the mother's custody. Garrison v. Aquino, 2017 Ark. App. 338, 523 S.W.3d 905 (2017).

Driver lacked standing to allege a violation of the father's due-process right to parent his child because the driver was not a member of the class of persons regulated by this section; the father's inability to permit or prohibit his son's driving arose directly from the divorce decree, not this section. This section addresses only the imputed liability of a parent, it does not expand or narrow a parent's legal authority to allow his or her child to drive. Garrison v. Aquino, 2017 Ark. App. 338, 523 S.W.3d 905 (2017).

Cited: Elrod v. G & R Constr. Co., 275 Ark. 151, 628 S.W.2d 17 (1982); Jones v. Davis, 300 Ark. 130, 777 S.W.2d 582 (1989); LeClaire v. Commercial Siding & Maintenance Co., 308 Ark. 580, 826 S.W.2d 247 (1992).

27-16-703. Release from liability.

Any person who has signed the application of a minor for a license may thereafter file with the Office of Driver Services a verified written request that the license of the minor so granted be cancelled.
The office shall cancel the license of the minor, and the person who signed the application of the minor shall be relieved from the liability imposed under this chapter by reason of having signed the application, on account of any subsequent negligence or willful misconduct of the minor in operating a motor vehicle.

History. Acts 1937, No. 280, § 14; Pope's Dig., § 6838; A.S.A. 1947, § 75-316.

27-16-704. Examinations of applicants.

Every applicant for a driver's license, except as otherwise provided in this chapter, shall be examined in accordance with the provisions of this section.
1. The examination shall be held within not more than thirty (30) days from the date that application is made.
2. The examination shall include a test of the applicant's eyesight, ability to read and understand the highway traffic laws of this state, an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle, and any further physical and mental examination deemed necessary by the Office of Driver Services to operate a motor vehicle safely upon the highways.
3. The test of the applicant's eyesight shall examine his or her visual acuity to read road signs and identify objects at a distance.
4. The applicant shall have a minimum uncorrected visual acuity of 20/40 for an unrestricted license and a minimum corrected visual acuity of 20/70 for a restricted license. The applicant's field of vision shall be at least one hundred forty degrees (140°) for a person with two (2) functional eyes and at least one hundred five degrees (105°) for a person with one (1) functional eye.
5. Applicants who fail the eyesight test shall be instructed that they should have their eyes examined by an eye care professional and secure corrective lenses, if necessary.
6. The test of the applicant's eyesight shall be made on an optical testing instrument approved under standards established by the Secretary of the Department of Finance and Administration and the Division of Arkansas State Police.
7. In addition, the applicant for a learner's license and an intermediate driver's license shall have the student's driving record checked to verify that the student has been free of a serious accident and conviction of a serious traffic violation for the last six (6) months and that an applicant with an intermediate driver's license applying for a regular license has been free of a serious accident and conviction of a serious traffic violation for the last twelve (12) months.
1. No applicant for an original license, that is, an applicant who has never been licensed previously by any jurisdiction, shall be permitted to demonstrate ability to operate a motor vehicle as required under the provisions of this chapter unless and until the applicant has in his or her possession a valid instruction permit properly issued not less than thirty (30) days prior to the date of application, unless otherwise determined by the office.
2. The instruction permit required under this subchapter shall be issued in accordance with the provisions of this chapter.

History. Acts 1937, No. 280, § 16; Pope's Dig., § 6840; Acts 1969, No. 141, § 1; 1977, No. 863, § 1; A.S.A. 1947, § 75-318; Acts 1989, No. 193, § 2; 1993, No. 445, § 17; 2001, No. 1694, § 4; 2003, No. 217, § 1; 2015, No. 696, § 2; 2019, No. 910, § 4649.

Amendments. The 2015 amendment substituted “20/70” for “20/50” in (b)(4).

The 2019 amendment, in (b)(6), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “Division of Arkansas State Police” for “Department of Arkansas State Police”.

Cross References. Operator's examination, § 27-20-108.

27-16-705. Examiners.

An examination as provided for in this subchapter shall be conducted by the Division of Arkansas State Police or by the duly authorized agents of the Secretary of the Department of Finance and Administration.
No examination shall be conducted by local law enforcement officers or local citizens.
The division may promulgate any necessary rules to implement, administer, and enforce this subchapter concerning examinations.

History. Acts 1937, No. 280, § 17; Pope's Dig., § 6841; Acts 1943, No. 128, § 1; A.S.A. 1947, § 75-319; Acts 2011, No. 1022, § 1; 2019, No. 910, § 4650.

Amendments. The 2011 amendment added (c).

The 2019 amendment, in (a), substituted “Division of Arkansas State Police” for “Department of Arkansas State Police” and “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration”.

27-16-706. Written test — Contents.

The driver's license test shall include written questions concerning:

The effects of the consumption of alcoholic beverage products and the use of illegal drugs, prescription drugs, and nonprescription drugs on the ability of a person to operate a motor vehicle;
The legal and financial consequences resulting from violations of the state's laws prohibiting the operation of a motor vehicle while under the influence of alcohol or drugs;
Accessible parking for a person with a disability;
Penalties for the unauthorized use of parking designated for the exclusive use of a person with a disability; and
Traffic stop safety guidelines for drivers and passengers developed by the Division of Arkansas State Police.

History. Acts 1995, No. 711, § 1; 1995, No. 1105, § 1; 2007, No. 753, § 5; 2017, No. 490, § 2.

A.C.R.C. Notes. Acts 2017, No. 490, § 1, provided: “Legislative findings.

The General Assembly finds that:

“(1) Every traffic stop, even for the most common traffic violation, may potentially be dangerous for the driver, passenger, or law enforcement officer;

“(2) While law enforcement officers are thoroughly trained in traffic stop safety, drivers and passengers are often not; and

“(3) It is necessary to establish standard traffic stop safety guidelines for drivers and passengers to help ensure the safety of drivers and passengers.”

Acts 2017, No. 490, § 4, provided: “The traffic stop safety guidelines for drivers and passengers developed by the Department of Arkansas State Police are not required to be included in the driver's instruction manual and driver's license written test until the next time the department revises the driver's instruction manual and driver's license written test.”

Amendments. The 2017 amendment added (5).

Subchapter 8 — Issuance of Licenses and Permits