2019 Arkansas Code
Title 27 - Transportation
Subtitle 4 - Motor Vehicular Traffic
Chapter 50 - Penalties and Enforcement
Subchapter 9 - Central Driver's Records File
§ 27-50-912. Driver Monitoring Program - Reports - Definitions
(a) As used in this section:
(1) “Driver monitoring report” means a report issued by the Office of Driver Services to an insurer, under a written agreement between the office and the insurer, that indicates whether a driver has had a traffic violation or accident during the previous month; and
(2) “Insurer” means:
(A) An insurance company licensed to do business in this state; or
(B) The authorized agent of an insurance company licensed to do business in this state.
(b) The office shall establish a driver monitoring program to monitor and report the driving records of individuals at the request of an insurer.
(c) The office may enter into a written agreement with an insurer to monitor the driver record of persons holding an Arkansas driver's license and provide a monthly driver monitoring report for each insured or driver monitored. The office may cancel this agreement at any time.
(d) The driver monitoring report shall:
(1) Indicate whether a violation is posted to the official driver record during the previous month;
(2) Not identify the specific violation or violations posted on the driver record; and
(3) Be used by an insurer solely to evaluate the driving record of current policyholders for reunderwriting purposes.
(e) The office is not required to provide the notice and information required by § 27-50-906(a)(1)(G)(ii) [repealed] when issuing a driver monitoring report.
(f)
(1) The office may charge a monthly fee of not less than twelve cents (12¢) and not more than nineteen cents (19¢) for each insured monitored.
(2) The office authorizes that one cent (1¢) of the revenues from subdivision (f)(1) of this section shall be special revenues and deposited into the State Treasury to the credit of the State Highway and Transportation Department Fund for distribution as provided in the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq.
(3) The remaining revenues derived from subdivision (f)(1) of this section shall be deposited into the State Central Services Fund as direct revenue to be used by the Revenue Division of the Department of Finance and Administration.
(4) The Information Network of Arkansas may charge insurers or their agents an additional fee under the Information Network of Arkansas Act, § 25-27-101 et seq., for transmitting a driver monitoring report electronically.
(g) The insurer is required to purchase a driving record pursuant to § 27-23-117(3) for any monitored insured or driver when the driver monitoring report indicates a violation has been posted to the driver's record during the previous month.
