27 CAR Part 30 — Driver Services

title-27-part-3027 CAR pt. 30Regulation

Apri la fonte

Chapter I

Subchapter C

Subpart 1

27 CAR § 30-101 Definition of commerce {#sec-27-car-30-101 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-101}

27 CAR § 30-101. Definition of commerce.

(a) “Commerce” means both interstate and intrastate trade, traffic, and transportation in or through the State of Arkansas, or any combination thereof.

(b) School buses, church buses, and local delivery trucks are examples of intrastate traffic which come within the definition of commerce.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-23-103 "COMMERCE" DEFINED" Authority: Arkansas Code § 27-23-120
27 CAR § 30-102 Nonresident commercial driver license application {#sec-27-car-30-102 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-102}

27 CAR § 30-102. Nonresident commercial driver license application.

All nonresident commercial driver license applications must be made in person at the:

State Revenue Office

Ragland Building

Seventh and Battery Streets

Little Rock

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-23-109 NON-RESIDENT COMMERCIAL DRIVER LICENSE APPLICATION" Authority: Arkansas Code § 27-23-120
27 CAR § 30-103 Class D passenger endorsement {#sec-27-car-30-103 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-103}

27 CAR § 30-103. Class D passenger endorsement.

(a)(1) A “P” endorsement is required on the Class D if the driver carries passengers for hire.

(2) The term “for hire” refers to those drivers which receive a fare for the transportation of the passenger and does not include those drivers paid on a salary basis.

(b) Provided, any person who chooses to add the passenger endorsement at any time other than renewal or original application shall be charged a five-dollar duplicate fee.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-23-111 CLASS "D" PASSENGER ENDORSEMENT." Authority: Arkansas Code § 27-23-120
27 CAR § 30-104 Renewal date adjustment {#sec-27-car-30-104 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-104}

27 CAR § 30-104. Renewal date adjustment.

(a) The Office of Driver Services shall:

(1) Periodically review the license population; and

(2) Make reasonable adjustments to approximate a twenty-five percent (25%) renewal rate each fiscal year.

(b) Effective January 1, 1990, the office shall make all renewal dates fall on the licensee’s date of birth.

(c) The term of each license shall be adjusted so as to ensure that approximately twenty-five percent (25%) of the licenses are renewable each year and the fee shall be prorated accordingly.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-23-111 RENEWAL DATE ADJUSTMENT" Authority: Arkansas Code § 27-23-120
27 CAR § 30-105 Lifetime disqualification {#sec-27-car-30-105 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-105}

27 CAR § 30-105. Lifetime disqualification.

(a) A person shall be disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of any felony involving the:

(1) Manufacture, distribution, or dispensing of a controlled substance; or

(2) Possession with intent to manufacture, distribute, or dispense a controlled substance.

(b) A person shall be disqualified from driving a commercial motor vehicle for life if convicted of two (2) or more violations of any of the following offenses, or any combination of those offenses, arising from two (2) or more separate incidents:

(1) Driving a commercial motor vehicle while intoxicated;

(2) Driving a commercial motor vehicle while the person’s blood alcohol concentration is four-hundredths percent (0.04%) or more;

(3) Leaving the scene of an accident involving a commercial motor vehicle driven by the person;

(4)(A) Using a commercial motor vehicle in the commission of any felony other than a felony described in subdivision (b)(1) of this section.

(B) Only an offense committed after January 1, 1990, can be considered in connection with such disqualification for life; and

(5) Refusal to submit to a test to determine the driver’s blood alcohol concentration while driving a commercial motor vehicle.

(c) Should a driver who has been reinstated from a lifetime disqualification be subsequently convicted of another offense listed in subject (2) of this rule, he or she shall be:

(1) Permanently disqualified for life; and

(2) Ineligible to again apply for a reduction of the lifetime disqualification.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-23-112 LIFETIME DISQUALIFICATION" Authority: Arkansas Code § 27-23-120
27 CAR § 30-106 Conditions to requalify {#sec-27-car-30-106 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-106}

27 CAR § 30-106. Conditions to requalify.

(a) Upon the expiration of ten (10) years following a lifetime disqualification, pursuant to 27 CAR § 30-105, the Office of Driver Services may requalify a person for a commercial driver license if all of the following conditions are met:

(1) Verify a dire need for the commercial driver license or a loss of livelihood by innocent persons;

(2) Has not been convicted of a traffic offense involving the operation of a commercial vehicle within the previous ten (10) years;

(3) Has not been convicted of a serious traffic violation involving the operation of any vehicle within the previous three (3) years;

(4) Pass all appropriate portions of the commercial driver license test and pay all fees required; and

(5) Has never before been disqualified for life and reinstated.

(b)(1) When a person desires to be requalified for a commercial driver license, that person shall have the right to petition the Department of Finance and Administration for a hearing.

(2) The purpose of the hearing shall be to determine if the requalification conditions have been met.

(3)(A) Upon completion of the hearing, the department shall notify the applicant in writing whether the requalification conditions have been met.

(B) The department shall maintain a written statement of the finding in the licensee’s record.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-23-112 CONDITIONS TO REQUALIFY" Authority: Arkansas Code § 27-23-120
27 CAR § 30-107 Notifications of incompetency to be reviewed {#sec-27-car-30-107 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-107}

27 CAR § 30-107. Notifications of incompetency to be reviewed.

Upon receipt of any notice of incompetency from any court of competent jurisdiction in the disposition of such matters, the Office of Driver Services shall review such person named in the notice in compliance with Arkansas Code § 27-16-907(a)(5) [repealed] or § 27-16-909.

History

  • Codification Notes: Arkansas Code § 16-907(a)(5) was repealed by Acts 2011, No. 104, § 5.This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-16-505 NOTIFICATIONS OF INCOMPETENCY TO BE REVIEWED" Authorities: Arkansas Code § 27-16-907; Arkansas Code § 27-16-909
27 CAR § 30-108 Restricted license for persons under 16 years old {#sec-27-car-30-108 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-108}

27 CAR § 30-108. Restricted license for persons under 16 years old.

(a) When the Office of Driver Services issues a restricted license (age waiver) to a person who has attained the age of fourteen (14) years but not yet reached the sixteenth birthday, such restricted age waiver shall be issued only under the provisions of Arkansas Code § 27-16-804(b)(2).

(b) Upon receipt of conviction for violation of restriction or a moving traffic violation, the office shall revoke the restricted license (age waiver).

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-16-604 RESTRICTED LICENSE FOR PERSONS UNDER 16 YEARS OLD" Authorities: Arkansas Code § 25-8-102; Arkansas Code § 27-16-402
27 CAR § 30-109 Waiver of waiting period {#sec-27-car-30-109 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-109}

27 CAR § 30-109. Waiver of waiting period.

(a) Any person, having good cause, may request a waiver of the thirty-day waiting period.

(b) Such request shall be to the Office of Driver Services.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-16-704 WAIVER OF WAITING PERIOD" Authorities: Arkansas Code § 25-8-102; Arkansas Code § 27-16-705
27 CAR § 30-110 Restricted waivers for minors {#sec-27-car-30-110 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-110}

27 CAR § 30-110. Restricted waivers for minors.

(a) Any person having good cause may request that a person under the age of sixteen (16) years of age be granted limited driving privileges not restricted to having a licensed adult present in the motor vehicle.

(b) Such a request must be directed to the Driver Control Section of the Office of Driver Services.

(c) The waiver letter which authorizes a minor to drive without a licensed adult present in the motor vehicle also must state the exact conditions when the minor will be driving under the authority of the waiver.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-16-804 RESTRICTED WAIVERS FOR MINORS" Authorities: Arkansas Code § 25-8-102; Arkansas Code § 27-16-402
27 CAR § 30-111 Duration of license and expiration date {#sec-27-car-30-111 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-111}

27 CAR § 30-111. Duration of license and expiration date.

Every driver license shall:

(1) Expire on the licensee’s date of birth; and

(2) Be issued for a period of four (4) years.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-16-901 DURATION OF LICENSE AND EXPIRATION DATE" Authorities: Arkansas Code § 25-8-102; Arkansas Code § 27-16-402
27 CAR § 30-112 Definition of first tour of duty {#sec-27-car-30-112 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-112}

27 CAR § 30-112. Definition of first tour of duty.

(a) “First tour of duty” shall be considered to be no more than six (6) years from the date of entry into active duty.

(b) Indefinite appointment as a commissioned member of the United States Armed Forces shall not be considered after six (6) years following the date of entry.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-16-902 DEFINITION OF FIRST TOUR OF DUTY" Authority: Arkansas Code § 27-16-902
27 CAR § 30-113 Assessment of points for specific convictions {#sec-27-car-30-113 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-113}

27 CAR § 30-113. Assessment of points for specific convictions.

(a) The following point values shall be assessed and assigned to the record of any person convicted of moving traffic violations, whether occurring in or out of state, within a thirty-six-month period from the date a person is scheduled a hearing to discuss the accumulation of moving traffic convictions.

(b) These point values shall be assessed for each conviction entered and action may be taken in relation to the number of points accumulated:

(1) Driving while intoxicated, fourteen (14) points;

(2) Racing, Arkansas Code § 27-50-309, eight (8) points;

(3) Fleeing in a motor vehicle, Arkansas Code § 5-54-125, eight (8) points;

(4) Failure to stop for school bus, Arkansas Code § 27-51-1001, eight (8) points;

(5) Reckless driving, Arkansas Code § 27-50-308, eight (8) points;

(6) Leaving the scene of an accident, Arkansas Code §§ 27-53-101 and 27-53-102, eight (8) points;

(7) Speeding, Arkansas Code § 27-51-201:

(A) Speeding not more than ten miles per hour (10 m.p.h.) over the posted speed limit, three (3) points;

(B) Speeding eleven to twenty miles per hour (11 – 20 m.p.h.) over the posted speed limit, four (4) points;

(C) Speeding twenty-one to thirty miles per hour (21 – 30 m.p.h.) over the posted speed limit, five (5) points; and

(D) Speeding thirty-one miles per hour (31 m.p.h.) or more over the posted limit, eight (8) points;

(8) All other moving traffic convictions, three (3) points;

(9) At-fault accidents, three (3) points; and

(10) Nonmoving traffic violation, zero (0) points.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-16-907 ASSESSMENT OF POINTS FOR SPECIFIC CONVICTIONS" Authority: Arkansas Code § 27-16-907
27 CAR § 30-114 Medical examination may be required {#sec-27-car-30-114 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-114}

27 CAR § 30-114. Medical examination may be required.

(a) Pursuant to the Office of Driver Services suspending the driving privilege of a person believed to be medically incompetent to operate a motor vehicle, the office may require that such person submit to a medical examination by a physician qualified and licensed to practice medicine in this state.

(b) The medical report will then be evaluated to determine if such person should be allowed to operate a motor vehicle in this state.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-16-907 MEDICAL EXAMINATION MAY BE REQUIRED" Authorities: Arkansas Code § 27-16-907; Arkansas Code § 27-16-909
27 CAR § 30-115 Posting points to record {#sec-27-car-30-115 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-115}

27 CAR § 30-115. Posting points to record.

Points will be assessed for each and every conviction and the total value of such assessment shall be posted to the driver history record of the licensee.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"3-27-16-907 POSTING POINTS TO RECORD" Authorities: Arkansas Code § 27-16-907; Arkansas Code § 27-16-909
27 CAR § 30-116 Driver reexamination may be required {#sec-27-car-30-116 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-116}

27 CAR § 30-116. Driver reexamination may be required.

(a)(1) Pursuant to the Office of Driver Services suspending the driving privilege of a person believed to be unqualified to safely operate a motor vehicle, the office may require that such person successfully pass all phases of the state driver license examination.

(2) This authorization will be on a special clearance form issued by a hearing officer.

(3) No individual will be given such a clearance until the hearing officer is convinced that such person is qualified medically to operate a motor vehicle.

(b) Satisfactory test results must be returned to the hearing officer for evaluation to determine if such person should be allowed to operate a motor vehicle in this state.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"4-27-16-907 DRIVER RE-EXAMINATION MAY BE REQUIRED" Authorities: Arkansas Code § 27-16-907; Arkansas Code § 27-16-909
27 CAR § 30-117 Discretionary action {#sec-27-car-30-117 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-117}

27 CAR § 30-117. Discretionary action.

The Office of Driver Services may take action based on points accumulated and the total driving record:

(1) Accumulation of 10 – 13 points. A warning letter will be sent to the person calling attention to the person’s errant driving and total point accumulation;

(2) Accumulation of 14 or more points. A notice of suspension/hearing will be sent to such person that:

(A) Indicates the effective date of the proposed suspension action; and

(B) Advises the person:

(i) Of the right of due process; and

(ii) That the failure to attend the scheduled hearing will be considered the choice to waive that right in favor of the suspension action;

(3) Accumulation of 14 – 17 points. The office may suspend the person’s driving privilege for no more than three (3) months;

(4) Accumulation of 18 – 23 points. The office may suspend the person’s driving privilege for no more than six (6) months; and

(5) Accumulation of 24 or more points. The office may suspend the person’s driving privilege for no more than one (1) year.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"5-27-16-907 DISCRETIONARY ACTION" Authorities: Arkansas Code § 27-16-907; Arkansas Code § 27-16-909
27 CAR § 30-118 Suspension resulting for disabling disease or handicap {#sec-27-car-30-118 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-118}

27 CAR § 30-118. Suspension resulting for disabling disease or handicap.

(a) The Office of Driver Services has the authority, upon receipt of sufficient documentation, to suspend the driving privileges of a person believed to be suffering from a disease or who has a handicap that hinders or prevents the safe operation of a motor vehicle, such as:

(1) Epilepsy;

(2) Diabetes; or

(3) Chronic alcohol/drug/narcotic addiction.

(b) A notice of suspension/hearing will be mailed to such a person that:

(1) Will state the date the proposed suspension is to become effective; and

(2) Advises the person:

(A) Of the right of due process; and

(B) That failure to attend the scheduled hearing will be considered a decision to waive that right in favor of the suspension.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"6-27-16-907 SUSPENSION RESULTING FOR DISABLING DISEASE OR HANDICAP" Authorities: Arkansas Code § 27-16-907; Arkansas Code § 27-16-909
27 CAR § 30-119 Point assessment cumulative {#sec-27-car-30-119 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-119}

27 CAR § 30-119. Point assessment cumulative.

The accumulated point values assigned to a record are cumulative with the total driving record of an individual being considered in disciplinary action that may result in the loss of driving privileges.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"7-27-16-907 POINT ASSESSMENT CUMULATIVE" Authorities: Arkansas Code § 27-16-907; Arkansas Code § 27-16-909
27 CAR § 30-120 Requirements for reinstatement {#sec-27-car-30-120 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-120}

27 CAR § 30-120. Requirements for reinstatement.

(a) When the Office of Driver Services has suspended the driving privilege of a person under Arkansas Code § 27-16-505, such person shall be required to furnish written proof in the form of a restoration to competency from the court that declared the person incompetent before the office will consider reinstating the driving privilege.

(b) However, when the office has suspended the driving privilege of a person under the provisions of this subsection, such person shall furnish a medical release or statement from a physician licensed to practice medicine in this state before the office will consider reinstating the driving privilege.

(c) If the suspension was the result of such person having epileptic seizures, diabetic blackouts, or chronic alcohol/drug/narcotic addiction, then the driving privilege can be restored only after the person has been seizure-free and that such condition is under control, has suffered no diabetic blackouts, or is no longer addicted to alcohol/drugs/narcotics for no less than one (1) year and that this period of one (1) year is verified in the form of a physician’s statement.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"8-27-16-907 REQUIREMENTS FOR REINSTATEMENT" Authorities: Arkansas Code § 27-16-907; Arkansas Code § 27-16-909
27 CAR § 30-121 Driver defined {#sec-27-car-30-121 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-121}

27 CAR § 30-121. Driver defined.

“Driver” means one who has ultimate control of a vehicle, either by:

(1) Coercion;

(2) Omission; or

(3) Commission.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-204 "DRIVER" DEFINED" Authority: Arkansas Code § 27-19-402
27 CAR § 30-122 Determination of reasonable possibility of judgment {#sec-27-car-30-122 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-122}

27 CAR § 30-122. Determination of reasonable possibility of judgment.

(a) If, after all evidence is submitted, a final determination cannot be made, then the Office of Driver Services shall take no further action until civil action is completed.

(b) Upon rendering a determination, the office shall, by ordinary mail, send to the licensee the determination and the action to be taken as a result of the determination.

(c) The office shall maintain a written statement of the findings in the licensee’s record.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-404 DETERMINATION OF REASONABLE POSSIBILITY OF JUDGMENT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-123 Office records to be used to send notice {#sec-27-car-30-123 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-123}

27 CAR § 30-123. Office records to be used to send notice.

Notice shall have been served when the last known address as shown by the records of the Office of Driver Services is used to send such notice to the licensee.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-404 DEPARTMENT RECORDS TO BE USED TO SEND NOTICE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-124 Hearings to be conducted during normal business hours {#sec-27-car-30-124 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-124}

27 CAR § 30-124. Hearings to be conducted during normal business hours.

All hearings shall be conducted during regular business hours unless an alternate time is agreed upon by the licensee and the Office of Driver Services.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"3-27-19-404 HEARINGS TO BE CONDUCTED DURING NORMAL BUSINESS HOURS" Authority: Arkansas Code § 27-19-402
27 CAR § 30-125 Delay in receipt of notice by licensee {#sec-27-car-30-125 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-125}

27 CAR § 30-125. Delay in receipt of notice by licensee.

Any delay in receipt of the notice by the licensee which is reasonably beyond the control of the licensee may be considered if the request for the hearing is not received from the licensee within the required twenty (20) days.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"4-27-19-404 DELAY IN RECEIPT OF NOTICE BY LICENSEE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-126 Information contained in notice {#sec-27-car-30-126 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-126}

27 CAR § 30-126. Information contained in notice.

Notice of the licensee’s right to a hearing shall contain the following information:

(1) Date of accident;

(2) Location of accident;

(3) Last day in which the hearing may be requested in which the request will act as a stay on any further action;

(4) A statement of the Office of Driver Services’ legal authority; and

(5) A statement as to what will be considered at the hearing.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"5-27-19-404 INFORMATION CONTAINED IN NOTICE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-127 Extensions or rescheduling of hearing {#sec-27-car-30-127 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-127}

27 CAR § 30-127. Extensions or rescheduling of hearing.

The Office of Driver Services may reschedule or extend the hearing date if the licensee or his or her attorney at law request such delay under the following conditions:

(1)(A) Illness, hospitalization, or recuperation of the licensee or his or her attorney.

(B) However, counsel may appear on behalf of the licensee;

(2) Gathering evidence or witnesses, who or which otherwise would not or could not be available within the regular scheduling time frame;

(3) Family emergencies or military obligations which, if not considered, would place undue hardships on the licensee or his or her attorney; and

(4)(A) The scheduling of the hearing shall not be delayed any longer than it would reasonably require the above-mentioned emergencies to be resolved.

(B) The office may require the filing of whatever information it deems necessary to verify the existence of the above-mentioned emergencies.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"6-27-19-404 EXTENSIONS OR RE-SCHEDULING OF HEARING" Authority: Arkansas Code § 27-19-402
27 CAR § 30-128 Office of Driver Services procedure {#sec-27-car-30-128 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-128}

27 CAR § 30-128. Office of Driver Services procedure.

The following directions shall be considered Office of Driver Services procedure in the matters of a hearing:

(1) Valid request for hearing. The date of the request for a hearing shall be the date of the postmark or the date the office receives the request, whichever is the earlier;

(2) Hearing to be set as soon as reasonably possible.

(A) Upon receipt of a valid request for a hearing, the office shall, as soon as reasonably possible, set a hearing and notify the licensee of where and when the hearing shall be scheduled and held.

(B) However, the office shall not notify the other party involved in the accident of the scheduling of such hearing unless the other party requests such notification in writing; and

(3) Hearing for nonresidents.

(A) If the person requesting the hearing is an out-of-state resident, then the office shall set the hearing in the county nearest the person’s residence or in Pulaski County.

(B) However, all other procedures shall be the same as for an Arkansas resident in the nearest county of residence.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"7-27-19-405 DEPARTMENTAL PROCEDURE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-129 Conditions for which hearing may be reset and alternate procedures {#sec-27-car-30-129 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-129}

27 CAR § 30-129. Conditions for which hearing may be reset and alternate procedures.

(a)(1) The licensee may cancel the hearing at any time.

(2) However, the licensee will have forfeited the right to a hearing before suspension unless written application is made for an alternate arrangement for the hearing.

(b) If the licensee appears at the hearing but his or her counsel fails to appear, then the hearing may be held or rescheduled pursuant to the provisions of this Act.

(c) If the attorney appears at the hearing, but the licensee fails to appear within a reasonable length of time, then the attorney may present evidence or request the hearing be rescheduled.

(d)(1) If for any reason a hearing officer is unable to appear at a scheduled hearing, the hearing shall be rescheduled.

(2) The licensee shall be notified of the new date.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"8-27-19-404 CONDITIONS FOR WHICH HEARING MAY BE RESET AND ALTERNATE PROCEDURES" Authority: Arkansas Code § 27-19-402
27 CAR § 30-130 Incapacity of driver to report {#sec-27-car-30-130 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-130}

27 CAR § 30-130. Incapacity of driver to report.

Any person physically incapable of filing a report during the required time period may file a report within thirty (30) days after his or her recovery.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-509 INCAPACITY OF DRIVER TO REPORT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-131 Owner may file report {#sec-27-car-30-131 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-131}

27 CAR § 30-131. Owner may file report.

The Office of Driver Services may require the filing of whatever information it deems necessary to verify such incapacity of the driver and such date the owner learned of the accident.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-509 OWNER MAY FILE REPORT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-132 Form or evidence of a compliance {#sec-27-car-30-132 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-132}

27 CAR § 30-132. Form or evidence of a compliance.

A written statement to the Office of Driver Services from a state agency having jurisdiction over that state’s driving privileges indicating compliance with that state’s laws, shall be evidence of compliance.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-602 FORM OR EVIDENCE OF A COMPLIANCE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-133 Amount of security required {#sec-27-car-30-133 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-133}

27 CAR § 30-133. Amount of security required.

(a)(1) The Office of Driver Services may require proof of bodily injury or property damages where the estimated amount reported by all parties involved in the accident are not within comparable amounts.

(2) See Arkansas Code § 27-19-601 and also see Arkansas Code § 27-19-602.

(b) The office may hold all action in abeyance pending the filing of any requested information.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-603 AMOUNT OF SECURITY REQUIRED" Authority: Arkansas Code § 27-19-402
27 CAR § 30-134 Reevaluation of security {#sec-27-car-30-134 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-134}

27 CAR § 30-134. Reevaluation of security.

(a) The Office of Driver Services may reduce the amount of security required at any time if information warranting such reduction is received by the office.

(b) The office may stay the issuance of any notice of security requirement for a period not to exceed six (6) months from the date of accident upon the written request of any person for whom the office is requiring security if such person is unable to ascertain the amount of any future medical expenses which may be incurred as a result of the accident.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-603 REEVALUATION OF SECURITY" Authority: Arkansas Code § 27-19-402
27 CAR § 30-135 Incorporation of notice of security requirement and order of suspension {#sec-27-car-30-135 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-135}

27 CAR § 30-135. Incorporation of notice of security requirement and order of suspension.

(a) The Office of Driver Services may incorporate in the notice of security required an order of suspension.

(b) Said notice shall provide information to the person that upon the expiration of twenty (20) days, the notice shall become the order of suspension.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"3-27-19-603 INCORPORATION OF NOTICE OF SECURITY REQUIREMENT AND ORDER OF SUSPENSION" Authority: Arkansas Code § 27-19-402

27 CAR § 30-136. Verification of consent.

The owner of a vehicle involved in an accident as described in this Act, or the liability insurance carrier for such vehicle, shall be considered the authority as to whether a vehicle was being operated without the owner’s permission, expressed or implied.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-604 VERIFICATION OF CONSENT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-137 Coverage by any other form of policy or bond {#sec-27-car-30-137 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-137}

27 CAR § 30-137. Coverage by any other form of policy or bond.

(a) If a person claims coverage by any form of liability insurance or bond not covered in this Act and such carrier or surety company is authorized to do business in this state and meets the requirements of Arkansas Code § 27-19-605, then such carrier or surety company may verify such coverage in the form as specified in Arkansas Code § 27-19-504.

(b) See Arkansas Code § 27-19-107 and its corresponding rules.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-604 COVERAGE BY ANY OTHER FORM OF POLICY OR BOND" Authority: Arkansas Code § 27-19-402
27 CAR § 30-138 No injury or damage caused to other person or property {#sec-27-car-30-138 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-138}

27 CAR § 30-138. No injury or damage caused to other person or property.

(a) The other party involved in an accident as described in this Act shall be considered the authority as to whether injury or damage was caused to their person or property.

(b) However, the Office of Driver Services may require such person to furnish additional relevant information if deemed necessary.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"3-27-19-604 NO INJURY OR DAMAGE CAUSED TO OTHER PERSON OR PROPERTY" Authority: Arkansas Code § 27-19-402
27 CAR § 30-139 Vehicle operated without permission of owner {#sec-27-car-30-139 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-139}

27 CAR § 30-139. Vehicle operated without permission of owner.

Any owner whose vehicle was being used without his or her permission shall be relieved of the security requirement by filing information sufficient for the Office of Driver Services to determine that said vehicle was being operated or was parked by a person who had been operating such vehicle without permission.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"4-27-19-604 VEHICLE OPERATED WITHOUT PERMISSION OF OWNER" Authority: Arkansas Code § 27-19-402
27 CAR § 30-140 Exempt ownership or lease statements {#sec-27-car-30-140 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-140}

27 CAR § 30-140. Exempt ownership or lease statements.

(a) Verification that a vehicle was owned or leased to the United States, this state, or any political subdivision of this state or municipality may come in the form of a written statement executed by an authorized agent of such governmental division.

(b) Verification that the driver was operating such vehicle with permission shall come in the form of a written statement executed by an authorized agent of such governmental division.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"5-27-19-604 EXEMPT OWNERSHIP OR LEASE STATEMENTS" Authority: Arkansas Code § 27-19-402
27 CAR § 30-141 Vehicle driven or directed by a police officer {#sec-27-car-30-141 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-141}

27 CAR § 30-141. Vehicle driven or directed by a police officer.

Any vehicle being driven or used under emergency police duties shall be exempt if such police officer files a written statement of such use with the Office of Driver Services.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"6-27-19-604 VEHICLE DRIVEN OR DIRECTED BY A POLICE OFFICER" Authority: Arkansas Code § 27-19-402
27 CAR § 30-142 Security deposit designation {#sec-27-car-30-142 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-142}

27 CAR § 30-142. Security deposit designation.

(a)(1) The driver and owner of a motor vehicle involved in an accident as described in this Act shall be the only person or persons required to deposit security.

(2) However, any person or persons may deposit the security on behalf of either the driver or owner, or both.

(b) If security is deposited for one and not the other, then the depositor shall indicate such designation in writing, or the Office of Driver Services shall apply such deposit for both the owner and driver.

(c)(1) If at any time the depositor wishes to retract the deposit from either the driver or owner, then he or she may do so, but such designation must be in writing.

(2) However, the depositor may not retract the deposit for both the driver and owner except as through such methods as described in this Act, Arkansas Code §§ 27-19-614, 27-19-617, and 27-19-618.

(d) Exclusion of either driver or owner from the security deposit may be determined by the office after a hearing.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-606 SECURITY DEPOSIT DESIGNATION" Authority: Arkansas Code § 27-19-402
27 CAR § 30-143 Form of security {#sec-27-car-30-143 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-143}

27 CAR § 30-143. Form of security.

(a) Security deposits shall be made in cash, money order, and cashier’s check.

(b) Personal checks may be accepted, but shall be endorsed immediately.

(c) Assignments of certificates of deposits or passbook type savings may also be accepted.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-607 FORM OF SECURITY" Authority: Arkansas Code § 27-19-402
27 CAR § 30-144 Financial responsibility corporate surety bond {#sec-27-car-30-144 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-144}

27 CAR § 30-144. Financial responsibility corporate surety bond.

(a) A financial responsibility corporate surety bond may be filed in lieu of the specified forms of security as described in 27 CAR § 30-143.

(b) Such bond shall be:

(1) On a form approved by the Director of the Office of Driver Services; and

(2) Executed only by those corporations authorized to do business in this state.

(c) Such bond shall be accompanied by a power of attorney authorizing the agent of the corporation to execute said bond.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-607 FINANCIAL RESPONSIBILITY CORPORATE SURETY BOND" Authority: Arkansas Code § 27-19-402
27 CAR § 30-145 No installment payments on security {#sec-27-car-30-145 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-145}

27 CAR § 30-145. No installment payments on security.

(a) The security must be deposited in the total amount as determined by the Office of Driver Services.

(b) No security shall be accepted under any type of installment payment.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"3-27-19-607 NO INSTALLMENT PAYMENTS ON SECURITY" Authority: Arkansas Code § 27-19-402
27 CAR § 30-146 Notice to be sent to nonresident’s home state {#sec-27-car-30-146 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-146}

27 CAR § 30-146. Notice to be sent to nonresident’s home state.

Upon suspending the operating privilege of any nonresident, the Office of Driver Services shall issue notice of such suspension to the state in which such nonresident resides.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-610 NOTICE TO BE SENT TO NONRESIDENTS HOME STATE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-147 Procedure of suspension same for nonresidents {#sec-27-car-30-147 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-147}

27 CAR § 30-147. Procedure of suspension same for nonresidents.

A nonresident shall have driving and registration privileges suspended in the same manner as for a resident.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-610 PROCEDURE OF SUSPENSION SAME FOR NONRESIDENTS" Authority: Arkansas Code § 27-19-402
27 CAR § 30-148 Relief may be granted to owner and/or driver {#sec-27-car-30-148 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-148}

27 CAR § 30-148. Relief may be granted to owner and/or driver.

(a)(1) If any person other than the licensee is deprived of the necessities of life, food, clothing, and/or shelter, then the licensee may request a hearing before the Office of Driver Services for relief from order of suspension.

(2) The office may restrict the driving and/or operation of a vehicle of a licensee so as to fulfill the intent of this statute and this Act.

(b) The office may require whatever documentation it deems necessary in evaluating the condition of a licensee or those persons dependent upon the licensee.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"3-27-19-610 RELIEF MAY BE GRANTED TO OWNER AND /OR DRIVER" Authority: Arkansas Code § 27-19-402
27 CAR § 30-149 Form of the affidavit {#sec-27-car-30-149 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-149}

27 CAR § 30-149. Form of the affidavit.

Any affidavit filed pursuant to this subsection must include, but shall not be limited to the following items:

(1) Date and location of accident;

(2) Effective date of suspension; and

(3) Statement that one (1) year has elapsed since the effective date of suspension and that during such period no action at law has been instituted and is pending as a result of the accident, nor has any judgment been rendered which remains unsatisfied.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-611 FORM OF THE AFFIDAVIT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-150 Definition of an affected person {#sec-27-car-30-150 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-150}

27 CAR § 30-150. Definition of an affected person.

For the purpose of this section, means any person with a pecuniary interest in an accident as described in this Act may be considered an affected person.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-612 DEFINITION OF AN AFFECTED PERSON" Authority: Arkansas Code § 27-19-402
27 CAR § 30-151 Form of agreement {#sec-27-car-30-151 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-151}

27 CAR § 30-151. Form of agreement.

Any written agreement filed with the Office of Driver Services as an exception to the security requirement should include, but shall not be limited to the following items:

(1) Conditions of the agreement;

(2) Date and location of accident;

(3) Date agreement was executed;

(4) Signature of all parties included in the agreement; and

(5) Statement that such agreement is for all claims of the creditor.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-612 FORM OR AGREEMENT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-152 Reduced security {#sec-27-car-30-152 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-152}

27 CAR § 30-152. Reduced security.

Any agreement which does not provide for settlement of all claims shall not terminate the security requirement, however, whatever monetary amount is listed on such agreement shall be subtracted from the security required.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"3-27-19-612 REDUCED SECURITY" Authority: Arkansas Code § 27-19-402
27 CAR § 30-153 Existence of a default {#sec-27-car-30-153 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-153}

27 CAR § 30-153. Existence of a default.

(a) The agreement creditor shall notify the Office of Driver Services in writing within one (1) year of any default.

(b) The office shall not enter into any mediation with the agreement debtor as to whether the terms of the agreement have been violated.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"4-27-19-612 EXISTENCE OF A DEFAULT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-154 Erroneous notice of default {#sec-27-car-30-154 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-154}

27 CAR § 30-154. Erroneous notice of default.

If the Office of Driver Services is notified of a default, then action shall be taken pursuant to this subsection unless the agreement creditor files a written statement that such default notice was erroneous.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"5-27-19-612 ERRONEOUS NOTICE OF DEFAULT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-155 Balance of security to be deposited {#sec-27-car-30-155 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-155}

27 CAR § 30-155. Balance of security to be deposited.

(a) If notice of a default is received by the Office of Driver Services, then the office shall issue a notice of the balance of security required.

(b) Such security requirement shall be the difference between the:

(1) Amount of the agreement; and

(2) Amount that has been paid on the agreement.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"6-27-19-612 BALANCE OF SECURITY TO BE DEPOSITED" Authority: Arkansas Code § 27-19-402
27 CAR § 30-156 Verification that balance has been paid {#sec-27-car-30-156 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-156}

27 CAR § 30-156. Verification that balance has been paid.

Upon notice by the agreement creditor that all conditions of the agreement have been met and the creditor is releasing the agreement debtor from the conditions of the agreement, then the Office of Driver Services shall restore the driving and registration privilege of the agreement debtor.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"7-27-19-612 VERIFICATION THAT BALANCE HAS BEEN PAID" Authority: Arkansas Code § 27-19-402
27 CAR § 30-157 Form of the affidavit {#sec-27-car-30-157 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-157}

27 CAR § 30-157. Form of the affidavit.

Any affidavit filed for reinstatement of driving and/or registration privilege shall include, but shall not be limited to the following items:

(1) Date and location of accident;

(2) Effective date of suspension; and

(3) Statement that one (1) year has elapsed following the date of suspension and that during such period no action at law upon such agreement has been instituted and is pending.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"8-27-19-612 FORM OF THE AFFIDAVIT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-158 Release signed by all persons {#sec-27-car-30-158 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-158}

27 CAR § 30-158. Release signed by all persons.

A release from liability executed in favor of a person subject to the security requirement shall be signed by all persons for whom the Office of Driver Services has required security.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-613 RELEASE SIGNED BY ALL PERSONS" Authority: Arkansas Code § 27-19-402
27 CAR § 30-159 Form of release {#sec-27-car-30-159 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-159}

27 CAR § 30-159. Form of release.

The release should indicate the person being released from liability, the date and location of the accident, any conditions under which the release is being executed, the date the release is executed, the signature of the releasor, witnesses of the releasor’s signature; or a notarized release.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-613 FORM OF RELEASE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-160 Conflict with other contractual agreements {#sec-27-car-30-160 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-160}

27 CAR § 30-160. Conflict with other contractual agreements.

Any release of liability executed and filed shall be accepted regardless of whether the releasor’s signing of the release is in conflict with any other contractual agreement known or unknown to either the releasor or the Office of Driver Services.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"3-27-19-613 CONFLICT WITH OTHER CONTRACTUAL AGREEMENTS" Authority: Arkansas Code § 27-19-402
27 CAR § 30-161 Covenant not to sue signed by all persons {#sec-27-car-30-161 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-161}

27 CAR § 30-161. Covenant not to sue signed by all persons.

Any covenant not to sue executed in favor of a person subject to the security requirement shall be signed by all persons for whom the Office of Driver Services has required security.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"4-27-19-613 COVENANT NOT TO SUE SIGNED BY ALL PERSONS" Authority: Arkansas Code § 27-19-402
27 CAR § 30-162 Form of covenant not to sue {#sec-27-car-30-162 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-162}

27 CAR § 30-162. Form of covenant not to sue.

The covenant not to sue should be notarized indicating:

(1) The parties of the covenant;

(2) The date and location of the accident;

(3) Any conditions under which the covenant is being executed;

(4) The date the covenant is being executed; and

(5) The signatures of the parties of the covenant, and such signatures to be made in the presence of a notary.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"5-27-19-613 FORM OF COVENANT NOT TO SUE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-163 Conflict with other contractual agreements {#sec-27-car-30-163 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-163}

27 CAR § 30-163. Conflict with other contractual agreements.

Any covenant not to sue executed and filed shall be accepted regardless of whether any party of the covenant is in conflict with any other contractual agreement known or unknown to either the parties or the Office of Driver Services.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"6-27-19-613 CONFLICT WITH OTHER CONTRACTUAL AGREEMENTS" Authority: Arkansas Code § 27-19-402
27 CAR § 30-164 Verification of adjudication {#sec-27-car-30-164 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-164}

27 CAR § 30-164. Verification of adjudication.

Verification of final adjudication of nonliability shall be reported to the Office of Driver Services by certified copy of final judgment.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-614 VERIFICATION OF ADJUDICATION" Authority: Arkansas Code § 27-19-402
27 CAR § 30-165 Verification of payment of a judgment {#sec-27-car-30-165 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-165}

27 CAR § 30-165. Verification of payment of a judgment.

Verification of satisfaction of a judgment shall be reported to the Office of Driver Services by:

(1) The court rendering such judgment; or

(2) A written statement by the judgment creditor or his or her representative that said judgment has been satisfied.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-615 VERIFICATION OF PAYMENT OF A JUDGMENT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-166 Verification of reimbursement {#sec-27-car-30-166 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-166}

27 CAR § 30-166. Verification of reimbursement.

(a) Verification of reimbursement may be a statement of reimbursement signed by the reimbursor or his or her liability insurance carrier, or receipt, or copies of receipts, signed by the reimbursor.

(b) Such verifications must also list the date and location of the accident.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-616 VERIFICATION OF REIMBURSEMENT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-167 Office may disburse security for settlement {#sec-27-car-30-167 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-167}

27 CAR § 30-167. Office may disburse security for settlement.

(a) The Office of Driver Services shall, upon receipt of proper verification, disburse any or all of a security deposit if such disbursement is for the settlement of any claim arising from some person for whom the office is requiring security.

(b) If such disbursement is for full settlement of an accident, then the residue of such deposit, if any, shall be refunded to the depositor.

(c) If such disbursement is not for full settlement of the accident, then the residue shall be retained by the office.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-617 DEPARTMENT MAY DISBURSE SECURITY FOR SETTLEMENT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-168 Security disbursement upon receipt of judgment {#sec-27-car-30-168 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-168}

27 CAR § 30-168. Security disbursement upon receipt of judgment.

(a) Upon receipt of a certified copy of a judgment, the Office of Driver Services shall disburse the security to any person obtaining the judgment for whom the office is requiring security.

(b) Such security shall be disbursed without authorization of the depositor.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-617 SECURITY DISBURSEMENT UPON RECEIPT OF JUDGMENT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-169 Form of disbursement request {#sec-27-car-30-169 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-169}

27 CAR § 30-169. Form of disbursement request.

The form of the disbursement request must include, but shall not be limited to, the following items:

(1) Amount of deposit;

(2) Amount to be disbursed;

(3) Name and address of person or persons to receive disbursement and amount each is to receive;

(4) Signature of depositor; and

(5) Depositor’s signature to be notarized.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"3-27-19-617 FORM OF DISBURSEMENT REQUEST" Authority: Arkansas Code § 27-19-402
27 CAR § 30-170 Suit filed more than one year from deposit date {#sec-27-car-30-170 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-170}

27 CAR § 30-170. Suit filed more than one year from deposit date.

If action at law is begun more than one (1) year from the date of deposit, then such security shall not be disbursed to the judgment creditor unless the depositor of such security requests such disbursement pursuant to subsection 1 (Arkansas Code § 27-19-620 of this section).

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"4-27-19-617 SUIT FILED MORE THAN ONE YEAR FROM DEPOSIT DATE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-171 Only depositor may request disbursement for settlement {#sec-27-car-30-171 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-171}

27 CAR § 30-171. Only depositor may request disbursement for settlement.

(a) Request of disbursement must be made by the person depositing the security.

(b) Request by the person required to provide the security shall not be honored unless such person is also the depositor.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"5-27-19-617 ONLY DEPOSITOR MAY REQUEST DISBURSEMENT FOR SETTLEMENT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-172 Form of affidavit for return of deposit {#sec-27-car-30-172 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-172}

27 CAR § 30-172. Form of affidavit for return of deposit.

Any affidavit filed for the return of a deposit shall include, but shall not be limited to the following items:

(1) Date and location of the accident;

(2) Statement that:

(A) One (1) year has elapsed since such deposit was made; and

(B) During such period no action at law has been instituted and is pending as a result of the accident against any person on whose behalf the deposit was made, nor has any judgment been rendered which remains unsatisfied; and

(3) Signature of the depositor.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-618 FORM OF AFFIDAVIT FOR RETURN OF DEPOSIT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-173 Other satisfactory evidence {#sec-27-car-30-173 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-173}

27 CAR § 30-173. Other satisfactory evidence.

(a) The Office of Driver Services may, in its discretion, accept evidence other than an affidavit if such evidence is deemed satisfactory.

(b) Such evidence may include, but shall not be limited to the following items:

(1) Statement from the clerk of the court having jurisdiction over any action at law which may be instituted that such action has not been instituted, nor has any judgment been rendered which remains unsatisfied; and

(2) Statement from the adverse party that no action at law has been instituted against the person required to deposit said security nor has any judgment been rendered which remains unsatisfied.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-618 OTHER SATISFACTORY EVIDENCE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-174 Return of security {#sec-27-car-30-174 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-174}

27 CAR § 30-174. Return of security.

(a) The security shall be returned to the person making the deposit or his or her personal representative, however, the draft issued by the Office of Driver Services shall be made payable to the depositor.

(b) If the depositor has deceased since the deposit was made, then the estate of such depositor may request return of the deposit.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"3-27-19-618 RETURN OF SECURITY" Authority: Arkansas Code § 27-19-402
27 CAR § 30-175 Office of Driver Services may raise or reduce security {#sec-27-car-30-175 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-175}

27 CAR § 30-175. Office of Driver Services may raise or reduce security.

(a) Upon receiving correcting information, the Office of Driver Services may, upon good cause and in its discretion, raise or reduce any security requirement.

(b)(1) If security has already been deposited, then if such security is reduced, the office shall return the excess.

(2) If such security requirement is raised, then the office shall void all previous security requirements and shall issue a new notice of security requirement.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-620 DEPARTMENT MAY RAISE OR REDUCE SECURITY" Authority: Arkansas Code § 27-19-402
27 CAR § 30-176 Form of court clerk certificate {#sec-27-car-30-176 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-176}

27 CAR § 30-176. Form of court clerk certificate.

When a court reports nonpayment of a judgment to the Office of Driver Services, the judgment certification shall contain, but shall not be limited to, the following information:

(1) Date and location of accident;

(2) Date of judgment;

(3) Amount of judgment;

(4) Name of plaintiff and defendant;

(5) Amount of damage to personal property of plaintiff;

(6) Monetary amount of damage resulting from personal injury or death of plaintiff;

(7) Monetary amount for care and loss of services of plaintiff; and

(8) Statement that judgment has remained unsatisfied more than thirty (30) days.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-706 FORM OF COURT CLERK CERTIFICATE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-177 Governmental ownership or operation {#sec-27-car-30-177 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-177}

27 CAR § 30-177. Governmental ownership or operation.

Verification that a judgment arose out of an accident caused by the ownership or operation, with permission, of a vehicle owned or leased to the United States, this state, or any political subdivision of this state or a municipality thereof, must come in the form of a written statement filed by an authorized agent of such governmental division.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-707 GOVERNMENTAL OWNERSHIP OR OPERATION" Authority: Arkansas Code § 27-19-402
27 CAR § 30-178 Verification of judgments and future proof {#sec-27-car-30-178 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-178}

27 CAR § 30-178. Verification of judgments and future proof.

(a) Verification that a judgment has been satisfied, stayed, or that payments are sufficient to satisfy the requirements of Arkansas Code § 27-19-708 may be accepted only in the form of a final court decree or written verification from the judgment creditor or his or her representative.

(b) Verification of further proof of financial responsibility shall be accepted only in the form prescribed in Arkansas Code § 27-19-711.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-707 VERIFICATION OF JUDGMENTS AND FUTURE PROOF" Authority: Arkansas Code § 27-19-402
27 CAR § 30-179 Reinstatement from judgment after ten years {#sec-27-car-30-179 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-179}

27 CAR § 30-179. Reinstatement from judgment after ten years.

(a) It shall be the responsibility of the judgment creditor or his or her representative to file proof that a judgment has been renewed.

(b) If such proof of renewal is not received by the Office of Driver Services prior to the expiration of ten (10) years from the date judgment is rendered, then:

(1) The office shall assume that such renewal has not been perfected; and

(2) The person or persons affected by such judgment will have their motor vehicle registration and driving privilege reinstated.

(c) This section shall apply to any and all judgments on file with the office that are or will be unrenewed for a period of ten (10) years following the date such judgment was received.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"3-27-19-707 REINSTATEMENT FROM JUDGMENT AFTER TEN (10) YEARS" Authority: Arkansas Code § 27-19-402
27 CAR § 30-180 Verification of payment on judgment {#sec-27-car-30-180 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-180}

27 CAR § 30-180. Verification of payment on judgment.

Verification of payments made on a judgment or judgments shall be a written statement filed by either the:

(1) Court in which such judgment was rendered; or

(2) Judgment creditor or his or her representative.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-709 VERIFICATION OF PAYMENT ON JUDGMENT" Authority: Arkansas Code § 27-19-402
27 CAR § 30-181 Verification of payments toward settlements {#sec-27-car-30-181 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-181}

27 CAR § 30-181. Verification of payments toward settlements.

Payments made toward settlements of any claims arising from an accident shall be credited in reduction of amounts of the judgments, provided such payments shall be verified in writing by the person or persons receiving such payments.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-709 VERIFICATION OF PAYMENTS TOWARD SETTLEMENTS" Authority: Arkansas Code § 27-19-402
27 CAR § 30-182 Form of certificate {#sec-27-car-30-182 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-182}

27 CAR § 30-182. Form of certificate.

The form of the certificate of insurance, which will be referred to as an SR-22 form, shall include but shall not be limited to the following items:

(1) Name and current address of insured;

(2) Policy number;

(3) Effective date of policy;

(4) Specify whether an owner’s or operator’s policy;

(5) If owner’s policy:

(A) Model year;

(B) Name of manufacturer;

(C) Model;

(D) Body type; and

(E) Vehicle identification number (VIN);

(6) Date of issuance;

(7) Name of insurance company; and

(8) Signature of authorized representative.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"-27-19-712 FORM OF CERTIFICATE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-183 Assumption of coverage {#sec-27-car-30-183 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-183}

27 CAR § 30-183. Assumption of coverage.

A complete certificate of insurance filed with the Office of Driver Services will be considered to be effective unless, or until, notification of cancellation is filed with the office.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-17-19-712 ASSUMPTION OF COVERAGE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-184 Form or notice of cancellation {#sec-27-car-30-184 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-184}

27 CAR § 30-184. Form or notice of cancellation.

The form of the notice of termination of cancellation of a certified policy, which shall be referred to as an SR-26, shall include, but shall not be limited to the following items:

(1) Name and current address of insured;

(2) Description of applicable vehicle:

(A) Model year;

(B) Name of manufacturer;

(C) Model; and

(D) Body type;

(3) Effective date of termination or cancellation;

(4) Name of insurance company;

(5) Date of execution; and

(6) Signature of authorized representative.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-714 FORM OR NOTICE OF CANCELLATION" Authority: Arkansas Code § 27-19-402
27 CAR § 30-185 Latest certificate supersedes all others {#sec-27-car-30-185 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-185}

27 CAR § 30-185. Latest certificate supersedes all others.

The filing of a certificate prior to the termination or cancellation of another certificate shall automatically terminate the certificate previously filed.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-714 LATEST CERTIFICATE SUPERSEDES ALL OTHERS" Authority: Arkansas Code § 27-19-402
27 CAR § 30-186 Amount of bond {#sec-27-car-30-186 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-186}

27 CAR § 30-186. Amount of bond.

Any bond filed with the Office of Driver Services for the purpose of providing future proof shall be:

(1) For an amount of no less than sixty-five thousand dollars ($65,000); and

(2) Subject to the approval of the office.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-716 AMOUNT OF BOND" Authority: Arkansas Code § 27-19-402
27 CAR § 30-187 Value of real estate {#sec-27-car-30-187 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-187}

27 CAR § 30-187. Value of real estate.

If two (2) or more individual sureties schedule real estate in a bond, then such real estate together shall:

(1) Amount to one hundred thirty thousand dollars ($130,000); and

(2) Be subject to the approval of the Office of Driver Services.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-716 VALUE OF REAL ESTATE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-188 Demands subject to rules of the State Insurance Department {#sec-27-car-30-188 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-188}

27 CAR § 30-188. Demands subject to rules of the State Insurance Department.

Any demand of execution on a judgment shall be:

(1) Made to the State Insurance Department; and

(2) Subject to the rules established by the department for the purpose of administering this section.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-717 DEMANDS SUBJECT TO RULES AND REGULATIONS OF THE ARKANSAS INSURANCE COMMISSION:" Authority: Arkansas Code § 27-19-402
27 CAR § 30-189 Form of restricted license {#sec-27-car-30-189 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-189}

27 CAR § 30-189. Form of restricted license.

Any license issued in accordance with this section shall include, but shall not be limited to the following items:

(1) Name and address of licensee;

(2) Driver’s license number;

(3) Identifying characteristics of such person;

(4) Description of vehicle or vehicles;

(5) Time of day such person shall operate said vehicle or vehicles; and

(6) Areas in which said vehicle or vehicles may be driven.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-718 FORM OF RESTRICTED LICENSE" Authority: Arkansas Code § 27-19-402
27 CAR § 30-190 Surrender of license and registration {#sec-27-car-30-190 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-190}

27 CAR § 30-190. Surrender of license and registration.

(a) The police authority, upon confiscating the suspended items, shall forthwith forward them to the Office of Driver Services.

(b) If the suspended items cannot be confiscated within thirty (30) days of the request, the police authority shall notify the office.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-306 SURRENDER OF LICENSE AND REGISTRATION" Authority: Arkansas Code § 27-19-402
27 CAR § 30-191 Suspension of registration for invalid transfer {#sec-27-car-30-191 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-191}

27 CAR § 30-191. Suspension of registration for invalid transfer.

Upon determination by the Office of Driver Services that a registration has been transferred for the purpose or with the effect of defeating the purpose of the Motor Vehicle Safety Responsibility Act, Arkansas Code § 27-19-101 et seq., the office shall suspend such registration until such time as the original suspension would be terminated.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-307 SUSPENSION OF REGISTRATION FOR INVALID TRANSFER" Authority: Arkansas Code § 27-19-402
27 CAR § 30-192 Liquid assets requirements {#sec-27-car-30-192 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-192}

27 CAR § 30-192. Liquid assets requirements.

Any person applying for self-insurance shall possess and continue to possess liquid assets amounting to no less than:

(1) Sixty-five thousand dollars ($65,000) if such self-insurance is to cover both property damage and bodily injury;

(2) Fifty thousand dollars ($50,000) if such self-insurance is for bodily injury only; or

(3) Fifteen thousand dollars ($15,000) if such self-insurance is to cover property damage only.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1-27-19-107 LIQUID ASSETS REQUIREMENTS" Authority: Arkansas Code § 27-19-402
27 CAR § 30-193 Reasonable grounds for cancellation {#sec-27-car-30-193 omnilex-key=us-ar-regs-official--title-27-part-30--27 CAR § 30-193}

27 CAR § 30-193. Reasonable grounds for cancellation.

Failure of such person to continue to possess the amount of liquid assets as provided for in 27 CAR § 30-192 or failure to have at least twenty-six (26) vehicles registered in this state, shall constitute a reasonable ground for cancellation of a certificate of self-insurance.

History

  • Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"2-27-19-107 REASONABLE GROUNDS FOR CANCELLATION" Authority: Arkansas Code § 27-19-402

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