2019 Arkansas Code
Title 27 - Transportation
Subtitle 2 - Motor Vehicle Registration and Licensing
Chapter 22 - Motor Vehicle Liability Insurance
Subchapter 2 - Arkansas Online Insurance Verification System Act
§ 27-22-210. Penalties - Definitions
(a) A person is guilty of a Class C misdemeanor upon conviction if he or she:
(1) Operates a motor vehicle without a liability insurance policy or proof of self-insurance in accordance with this chapter;
(2) Operates a motor vehicle with notice of cancellation, recession, abrogation, or termination of insurance or registers or attempts to register a motor vehicle;
(3) Operates a motor vehicle and, upon demand of a law enforcement officer, fails or refuses to present satisfactory evidence of insurance unless a law enforcement officer verifies motor vehicle liability insurance coverage through the online insurance verification system;
(4) Operates a motor vehicle the registration of which is suspended or revoked under this chapter; or
(5) Operates a motor vehicle and presents evidence of insurance when there is no valid insurance in effect on the motor vehicle as required by this chapter.
(b)
(1) A motor vehicle may be impounded at the discretion of a law enforcement officer if the operator fails to provide evidence of registration and insurance as required by § 27-22-104.
(2) Proof of registration and insurance may be verified through the online insurance verification system and other electronic means as necessary.
(c)
(1) For the purposes of this section, “operates a motor vehicle” or “operation of a motor vehicle” means that a motor vehicle has traveled any distance upon a public road or highway, even if a law enforcement officer has only observed the results of the distance traveled, including without limitation the motor vehicle's being stopped on or off the public road or highway after an accident.
(2) A law enforcement officer is not required to have witnessed the operation of a motor vehicle by a person in order to issue a citation to that person under this section.
(d) A person is guilty of a Class D felony if he or she knowingly:
(1) Alters, forges, or counterfeits an insurance card in either paper form or electronic form to make it appear valid; or
(2) Makes, sells, or otherwise makes available an invalid or counterfeit insurance card in either paper form or electronic form, or other evidence of insurance.
(e) As used in 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.
