2020 Arkansas Code
Title 27 - Transportation
Subtitle 2 - Motor Vehicle Registration and Licensing
Chapter 22 - Motor Vehicle Liability Insurance
Subchapter 1 - General Provisions
§ 27-22-104. Insurance required — Minimum coverage — Definitions

(a)

1. (1) It is unlawful for a person to operate a motor vehicle within this state unless the motor vehicle and the person's operation of the motor vehicle are each covered by:

   1. (A) A certificate of self-insurance under § 27-19-107; or

   2. (B) An insurance policy issued by an insurance company authorized to do business in this state.

2. (2)

   1. (A) There is a rebuttable presumption that the motor vehicle or its operation is uninsured if:

      1. (i) The driver or the insured fails to present proof of current insurance coverage in the form of a proof-of-insurance card issued under § 23-89-213 at the time of the traffic stop or arrest; or

      2. (ii) The online insurance verification system fails to show current insurance coverage for the driver or the insured.

   2. (B)

      1. (i)

         1. (a) A proof-of-insurance card or any temporary proof of insurance issued by the insurance company that meets the requirements of § 23-89-213 may be presented in either paper form or electronic form.

         2. (b) As used in subdivision (a)(2)(B)(i)(a) of 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 under § 23-89-213 as clearly as a paper proof-of-insurance card or other paper temporary proof of insurance issued by the insurance company.

      2. (ii) The presentment of proof of insurance in electronic form does not:

         1. (a) Authorize a search of any other content of an electronic device without a search warrant or probable cause; or

         2. (b) Expand or restrict the authority of a law enforcement officer to conduct a search or investigation.

(b) The policy shall provide at a minimum the following coverage:

1. (1) Not less than twenty-five thousand dollars ($25,000) for bodily injury or death of one (1) person in any one (1) accident;

2. (2) Not less than fifty thousand dollars ($50,000) for bodily injury or death of two (2) or more persons in any one (1) accident; and

3. (3) If the accident results in damage to or destruction of property, not less than twenty-five thousand dollars ($25,000) for the damage to or destruction of property of others in any one (1) accident.

(c)

1. (1) For purposes of this subsection, “operating motor vehicle” means a motor vehicle that is actually driven out of the government-owned and government-operated storage facility under its own power.

2. (2) A government-owned and government-operated storage facility for motor vehicles may refuse to release an operating motor vehicle from the storage facility if the owner of the motor vehicle cannot establish that the motor vehicle is covered by insurance as required under this section.

3. (3) The following are exempt from the requirements of this subsection:

   1. (A) A motor vehicle that is considered salvage;

   2. (B) A motor vehicle when an insurer holds the title to the motor vehicle; and

   3. (C) A motor vehicle that is not driven out of the government-owned and government-operated storage facility under its own power.