(a) For purposes of this section:
(1) "Operational motor vehicle" means a motor vehicle that is driven under its own power out of a storage facility; and
(2) "Proof of compliance" means:
(A) An order of a court of competent jurisdiction issued under § 27-22-103(b);
(B) A certificate of self-insurance under § 27-19-107; or
(C) An insurance policy that meets the requirements of § 27-22-104.
(b) (1) A law enforcement agency that impounds a motor vehicle under § 27-22-109 may place a hold on the release of an operational motor vehicle from a storage facility consistent with § 27-50-1206(a)(3) until the owner or operator of the motor vehicle provides proof of compliance to the law enforcement agency.
(2) If the owner or operator provides proof of compliance to the law enforcement agency, the law enforcement agency shall release the hold on the vehicle and notify the storage facility in writing of the release.
(c) The following vehicles are exempt from a hold on release under this section:
(1) A salvage vehicle as defined under § 27-14-2301 that is acquired by an insurance company;
(2) A motor vehicle that is incapable of being driven out of the storage facility under its own power and is removed by a towing firm licensed by and subject to the rules of the Arkansas Towing and Recovery Board;
(3) A motor vehicle acquired by a lienholder if the lienholder provides to the law enforcement agency:
(A) A sworn statement in the form of either a repossession title or an affidavit that the lienholder is entitled to take immediate possession of the vehicle; and
(B) If the vehicle is to be driven from the storage facility, proof of insurance coverage as required under § 27-22-104; or
(4) A motor vehicle acquired subsequent to impounding by a transferee if the transferee provides to the law enforcement agency:
(A) A sworn statement in the form of an affidavit that the transferee has obtained all right, title, and interest in the vehicle;
(B) A copy of the document transferring ownership of the vehicle; and
(C) If the vehicle is to be driven from the storage facility, proof of insurance coverage as required under § 27-22-104.
Section: Previous 27-22-102 27-22-103 27-22-104 27-22-105 27-22-106 27-22-107 27-22-109 27-22-110 27-22-111 NextLast modified: November 15, 2016