2010 Arkansas Code
Title 27 - Transportation
Subtitle 2 - Motor Vehicle Registration And Licensing
Chapter 22 - Motor Vehicle Liability Insurance
§ 27-22-104 - Insurance required -- Minimum coverage.

27-22-104. Insurance required -- Minimum coverage.

(a) (1) It shall be unlawful for any person to operate a motor vehicle within this state unless both the vehicle and the person's operation of the motor vehicle are covered by a certificate of self-insurance under the provisions of 27-19-107 or by an insurance policy issued by an insurance company authorized to do business in this state.

(2) Failure to present proof of insurance coverage at the time of arrest or a failure of the Vehicle Insurance Database or proof of insurance card issued under 23-89-213 to show current insurance coverage at the time of the traffic stop creates a rebuttable presumption that the motor vehicle or the person's operation of the motor vehicle is uninsured.

(b) The policy shall provide as a minimum the following coverage:

(1) Not less than twenty-five thousand dollars ($25,000) for bodily injury or death of one (1) person in any one (1) accident;

(2) Not less than fifty thousand dollars ($50,000) for bodily injury or death of two (2) or more persons in any one (1) accident; and

(3) If the accident has resulted in injury to or destruction of property, not less than twenty-five thousand dollars ($25,000) for the injury to or destruction of property of others in any one (1) accident.

(c) (1) (A) If the operator of the motor vehicle is unable to present proof of insurance coverage as required in subsection (a) of this section when requested by a law enforcement officer or if a check of the Vehicle Insurance Database at the time of the traffic stop fails to show current insurance coverage, the operator shall be issued, in addition to any traffic citation issued for a violation of this section, a notice of noncompliance with the provisions of this section on a form to be provided to the Department of Finance and Administration.

(B) (i) (a) If the operator of the motor vehicle proves that the liability coverage required by 27-22-101 -- 27-22-104 was in effect at the time of the traffic stop, then the failure to present proof of insurance at the time of the traffic stop when requested by a law enforcement officer shall be punished by a fine of twenty-five dollars ($25.00). No court costs under 16-10-305 or other costs or fees shall be assessed under this subdivision (c)(1)(B)(i)(a).

(b) (1) Eighty percent (80%) of the fines collected under this subdivision (c)(1)(B)(i) shall be paid to the Treasurer of State for the benefit of the Arkansas Citizens First Responder Safety Enhancement Fund.

(2) Twenty percent (20%) of the fines collected under this subdivision (c)(1)(B)(i) shall be retained by the court that tries the offense.

(ii) If the operator of the motor vehicle is unable to prove that the liability coverage required by 27-22-101 -- 27-22-104 was in effect at the time of the traffic stop, then the failure to present proof of insurance at the time of the traffic stop when requested by a law enforcement officer shall be punished as provided under 27-22-103.

(2) The officer shall forward a copy of the notice of noncompliance to the department within ten (10) days of issuance.

(3) (A) In addition, the officer shall remove and impound the license plate attached to the vehicle.

(B) The license plate shall be returned to the Office of Driver Services or to the local revenue office.

(d) (1) The law enforcement officer who removes and impounds the license plate pursuant to subdivision (c)(3)(A) of this section shall issue for attachment to the rear of the vehicle a temporary sticker denoting its use in lieu of an official license plate.

(2) The sticker shall bear the date upon which it shall expire in written or stamped numerals or alphabetic characters not less than three inches (3'') in height.

(3) This temporary sticker shall only be effective for a period of ten (10) days beginning from the day on which the license plate was taken.

(4) The temporary stickers shall be designed by the department and supplied at no cost to all law enforcement agencies authorized to enforce traffic laws in Arkansas.

(e) (1) Upon receipt of the notice of noncompliance by the department, the department shall proceed to suspend the registration of the vehicle effective ten (10) days after the license plate was taken and the notice of noncompliance was issued.

(2) However, if both the vehicle and the driver's operation of the vehicle were insured at the time of the offense, the owner of the vehicle shall have ten (10) days to present proof of insurance coverage or other financial security in effect at the time of the offense, whereupon the license plate shall be returned at no cost to the owner of the vehicle.

(f) Any suspension by the department under this section shall be subject to the notice and hearing provisions of 27-19-404 and shall remain in effect and no registration shall be renewed for or issued to any person whose vehicle registration is so suspended until:

(1) The person shall deposit or there shall be deposited on his or her behalf sufficient security as provided for under the Motor Vehicle Safety Responsibility Act, 27-19-101 et seq.; or

(2) The person shall furnish the department one of the following:

(A) A certificate of self-insurance under the provisions of 27-19-107; or

(B) A sufficient insurance policy issued by an insurance company authorized to do business in this state.

(g) (1) In order to reinstate the suspended registration and be reissued a license plate for any suspended motor vehicle, the owner shall present the proof of renewed or new financial coverage required in subdivision (f)(1) or (2) of this section to the department and shall pay to the department a twenty dollar ($20.00) fee for reinstatement of the registration and reissuance of the license plate.

(2) The revenues derived from this reinstatement fee shall be deposited as a special revenue into the State Central Services Fund and credited as a direct revenue to be used by the department to offset the costs of administering this section.

(3) This fee shall be in addition to any other fines, fees, or other penalties for other violations of this section.

(h) The department shall promulgate necessary rules and regulations for the administration of this section.

(i) (1) For purposes of this subsection, "operating motor vehicle" means a motor vehicle that is actually driven out of the government-owned and government-operated storage facility under its own power.

(2) A government-owned and government-operated storage facility for motor vehicles may refuse to release an operating motor vehicle from the storage facility if the owner of the motor vehicle cannot establish that the motor vehicle is covered by insurance as required under this section.

(3) The following are exempt from the requirements of this subsection:

(A) A motor vehicle that is considered salvage;

(B) A motor vehicle when an insurer holds the title to the motor vehicle; and

(C) A motor vehicle that is not driven out of the government-owned and government-operated storage facility under its own power.

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