2010 Arkansas Code
Title 27 - Transportation
Subtitle 4 - Motor Vehicular Traffic
Chapter 50 - Penalties And Enforcement
Subchapter 12 - Removal of Unattended or Abandoned Vehicles
§ 27-50-1202 - Definitions.

27-50-1202. Definitions.

For the purposes of this subchapter, unless the context otherwise requires:

(1) "Abandoned" means any vehicle deemed to be unattended as defined in this section;

(A) As to which the owner has overtly manifested some intention not to retake possession; or

(B) Which remains unattended, whether in its first-found location or in another location to which it has been removed pursuant to this subchapter, for a period of thirty (30) days, during which period the owner has given no evidence of an intent to retake possession;

(2) "Consent" means towing, storage, or recovery of any vehicle, which towing, storage, or recovery is done with the permission of the owner or other person in charge of the vehicle;

(3) "Nonconsent" means towing, storage, or recovery of any unattended or abandoned vehicle as defined in this subchapter or any disabled or inoperative vehicle for which the owner preference is waived by the owner or person in charge thereof;

(4) "Owner" of an unattended or abandoned vehicle shall in the absence of conclusive evidence to the contrary be deemed to be the person in whose name the vehicle is registered with the Office of Motor Vehicle of the Revenue Division of the Department of Finance and Administration or in whose name the vehicle is registered in any other state;

(5) "Owner preference" means the right of the owner, his or her agent, or any competent occupant of any disabled or inoperative vehicle to request some responsible and reasonable person, gratuitous bailee, or bailee for hire of his or her choosing to take charge and care of the vehicle;

(6) "Person" means any individual, partnership, corporation, association, or other entity;

(7) "Public way" means any road, highway, or street over which the public may travel, including the traveled surface and any berm or shoulder thereof. Nothing herein shall be applicable to vehicles left unattended or abandoned on private property and subject to 27-50-1101 et seq.;

(8) "Removal" means that an officer of any law enforcement agency may request a towing and storage firm which is licensed by the Arkansas Towing and Recovery Board to engage in nonconsent towing of vehicles to:

(A) Remove and store any unattended or abandoned vehicle pursuant to this subchapter;

(B) Remove and store any disabled or inoperative vehicle for which the owner or person in charge thereof has waived his or her right to owner preference as defined in this section; or

(C) Remove and store any vehicle in which the operator was apprehended by law enforcement officers;

(9) "Tow vehicle" means any motor vehicle or related equipment subject to registration in the State of Arkansas which is used to tow, recover, upright, transport, or otherwise facilitate the movement of vehicles on public highways;

(10) "Unattended" means any vehicle left on public property without the consent of an authority in charge of the property or on or near a public way without some person, gratuitous bailee, or bailee for hire in possession of the vehicle and that:

(A) Is located within a distance of three feet (3') of the traveled surface of the public way;

(B) Is located on or near a public way at a distance of three feet (3') or more of the traveled surface of the public way for a period of twenty-four (24) hours or more;

(C) Is not located on or near a public way but is left for a period of forty-eight (48) hours or more;

(D) Does not remain in the custody of some responsible person following an accident where the operator has been removed to a hospital or is otherwise unable to make personal arrangements for the vehicle's care;

(E) Was operated to a place of apprehension by law enforcement under police power and the operator thereof removed from the vehicle and taken into police custody;

(F) Is located upon any public right of way and, due to geographic location, traffic density, or climatic conditions, is creating an immediate and substantial hazard to the motoring public, as determined by a law enforcement officer; or

(G) Is subject to seizure by law enforcement under either a statute, the Arkansas Rules of Criminal Procedure, or a lawful court order; and.

(11) "Vehicle" means any device by which persons or things may be transported upon a public highway and which is of the type subject to registration in Arkansas.