2020 Arkansas Code
Title 27 - Transportation
Subtitle 2 - Motor Vehicle Registration and Licensing
Chapter 22 - Motor Vehicle Liability Insurance
Subchapter 1 - General Provisions
§ 27-22-103. Penalty. [Effective when contingency in Acts 2019, No. 869, § 24 is met.]

(a) Except as provided in subsection (b) of this section, any person who operates a motor vehicle within this state shall be subject to a mandatory fine of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250) unless both the vehicle and the person's operation of the vehicle are covered by a certificate of self-insurance or an insurance policy as required under § 27-22-104(a)(1).

(b)

1. (1) Any person who operates a motor vehicle in violation of § 27-22-104(a)(1) shall be fined not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500) for the second offense, and the minimum fine shall be mandatory.

2. (2) Any person who operates a motor vehicle in violation of § 27-22-104(a)(1) shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) or sentenced to one (1) year in jail, or both, for the third offense or for any subsequent offenses.

3. (3) Upon a showing that liability coverage required by §§ 27-22-101 — 27-22-104 was in effect at the time of arrest, the judge may dismiss the charge imposed under this act, and the penalties therefore shall not be imposed.

4. (4)

   1. (A)

      1. (i) If the person is unable to establish that liability coverage required by §§ 27-22-101 — 27-22-104 is in effect at the time of the disposition of the charge, the judge or clerk of the court shall prepare and transmit to the Office of Motor Vehicle an order suspending the registration of the motor vehicle involved in the violation until such time as the person presents proof of coverage to the Office of Motor Vehicle.

      2. (ii) The order shall include:

         1. (a) The name and address of the person charged;

         2. (b) The driver's license number, if any, of the person charged;

         3. (c) The vehicle identification number or license plate number of the motor vehicle involved;

         4. (d) The date of the hearing;

         5. (e) The judgment of the court; and

         6. (f) The amount of the fine.

      3. (iii) The judge or clerk of the court shall prepare and transmit an order under subdivision (b)(4)(A)(i) of this section within five (5) business days after the plea or judgment is entered.

   2. (B)

      1. (i) In order to reinstate the suspended registration for any suspended motor vehicle, the owner shall present proof of the requisite liability coverage to the Office of Motor Vehicle and shall pay to the Office of Motor Vehicle a fee of twenty dollars ($20.00) for reinstatement of the registration.

      2. (ii) 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 Office of Motor Vehicle to offset the costs of administering this section.

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

(c)

1. (1) The first fifteen dollars ($15.00) of a fine assessed under subsection (a) or subsection (b) of this section shall be paid to the Treasurer of State for the benefit of the Arkansas Citizens First Responder Safety Enhancement Fund.

2. (2) The Treasurer of State shall transfer the funds received under subdivision (c)(1) of this section to the Arkansas Citizens First Responder Safety Enhancement Fund by the end of each month.

(d) If the arresting officer is:

1. (1) An officer of the Division of Arkansas State Police, the remainder of the fine collected shall be 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 Office of Administrative Services of the Department of Finance and Administration, for deposit into the Division of Arkansas State Police Fund to be used for the purchase and maintenance of state police vehicles;

2. (2) A county law enforcement officer, the remainder of the fine collected shall be deposited into that county fund used for the purchase and maintenance of rescue, emergency medical, and law enforcement vehicles, communications equipment, animals owned or used by law enforcement agencies, life-saving medical apparatus, and law enforcement apparatus to be used for those purposes; or

3. (3) A municipal law enforcement officer, the remainder of the fine collected shall be deposited into that municipal fund used for the purchase and maintenance of rescue, emergency medical, and law enforcement vehicles, communications equipment, animals owned or used by law enforcement agencies, life-saving medical apparatus, and law enforcement apparatus to be used for those purposes.