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2017 Arkansas Code
Title 27 - Transportation
Subtitle 2 - Motor Vehicle Registration and Licensing
Chapter 22 - Motor Vehicle Liability Insurance
Subchapter 1 - General Provisions
§ 27-22-109. Impounding motor vehicle for violation
Universal Citation: AR Code § 27-22-109 (2017)
- (a) (1) If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if the officer issues a citation for a traffic violation that is classified as an offense under § 27-50-302 and the operator has:
- (A) Received three (3) or more warnings for a violation of § 27-22-104;
- (B) Pleaded guilty or nolo contendere to or been found guilty of three (3) or more violations of § 27-22-104; or
- (C) Received a total of three (3) or more warnings for a violation of § 27-22-104 or convictions for a violation of § 27-22-104.
- (2) If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if one (1) or more of the following occur:
- (A) The driver is operating a motor vehicle on a cancelled, suspended, or revoked driver's license in violation of § 27-16-303;
- (B) The driver is operating the motor vehicle without a driver's license in violation of § 27-16-602; or
- (C) The driver is operating a motor vehicle:
- (i) Without a license plate in violation of § 27-14-304;
- (ii) With an unofficial license plate in violation of § 27-14-305;
- (iii) With improper use of evidence of registration in violation of § 27-14-306; or
- (iv) With false evidences of title or registration in violation of § 27-14-307.
- (2) If an operator of a motor vehicle is unable to present proof of insurance coverage to a law enforcement officer as required under § 27-22-104, the motor vehicle may be impounded at the officer's discretion if one (1) or more of the following occur:
- (b) If a motor vehicle is impounded under this section:
- (1) The law enforcement agency shall use its towing policy as required for the towing and storage of motor vehicles under § 27-50-1207 and a towing rotation list if applicable;
- (2) The provisions of § 27-50-1201 et seq. regarding the towing and storage of motor vehicles shall apply;
- (3) An inventory of the contents of the motor vehicle shall be taken; and
- (4) The owner, operator, or other person in charge of the vehicle:
- (A) Has the right to contest the impoundment; and
- (B) Shall be given notice at the time of impoundment of the right to contest the impoundment consistent with § 27-50-1207.
- (c) (1) If a motor vehicle is properly and lawfully impounded under this section, the following are responsible for all reasonable towing, recovery, storage, and other incidental costs:
- (A) The operator of the vehicle;
- (B) The owner of the vehicle; or
- (C) Both the owner and the operator of the vehicle.
- (2) This subsection applies even if the owner has insurance but fails to present proof of insurance.
Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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