2019 Arkansas Code
Title 27 - Transportation
Subtitle 2 - Motor Vehicle Registration and Licensing
Chapter 15 - Registration and Licensing - Special Uses
Subchapter 3 - Access to Parking for Persons With Disabilities Act
§ 27-15-305. Penalties.
(a) 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.
(b)
(1) Any vehicle found to be parked in an area designated for the exclusive use of any person with a disability, including the access aisle, as provided in this subchapter, on which is not displayed a special license plate, a special certificate, or an official designation of another state as authorized in this subchapter or which is found to be parked in an area designated for the exclusive use of any person with a disability, if operated by a person who is not a person with a disability while not being used for the actual transporting of a person with a disability shall be subject to impoundment by the appropriate law enforcement agency.
(2) In addition thereto, the owner of the vehicle shall upon conviction be subject to a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense and not less than two hundred fifty dollars ($250) 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.
(3)
(A) Upon the second or subsequent conviction, the court shall suspend the driver's license for up to six (6) months.
(B) The driver may apply to the Office of Driver Services for a restricted license during the period of suspension. The office 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.
(c)
(1) Thirty percent (30%) of all fines collected under this section in district court or city court shall be for the purpose of funding activities of the Governor's Commission on People with Disabilities and shall be collected and 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 the section, for deposit into a special fund established and maintained by the Treasurer of State.
(2) Seventy percent (70%) of the fines collected in district court or city 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, 42 U.S.C. 12101 et seq.
