As used in this subchapter:
(1)"Abandoned vehicle" means a vehicle deemed to be an unattended vehicle as defined in this section:
(A)As to which the owner has overtly manifested some intention not to retake possession; or (B) That remains unattended, whether in its first-found location or in another location to which it has been removed under this subchapter, for a period of thirty (30) days during which period the owner gives no evidence of an intent to retake possession;
(2)(A) "Consent" means towing, storage, or recovery of a vehicle, which towing, storage, or recovery is done with the permission of the owner or other person in charge of the vehicle.
(B)"Consent" does not include the repossession of a vehicle by the vehicle lienholder, agent, or other person working on behalf of the
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As used in this subchapter: (1) "Abandoned vehicle" means a vehicle deemed to be an unattended vehicle as defined in this section: (A) As to which the owner has overtly manifested some intention not to retake possession; or (B) That remains unattended, whether in its first-found location or in another location to which it has been removed under this subchapter, for a period of thirty (30) days during which period the owner gives no evidence of an intent to retake possession; (2) (A) "Consent" means towing, storage, or recovery of a vehicle, which towing, storage, or recovery is done with the permission of the owner or other person in charge of the vehicle. (B) "Consent" does not include the repossession of a vehicle by the vehicle lienholder, agent, or other person working on behalf of the lienholder; (3) "Impounded or seized vehicle" means a vehicle subject to impounding or seizure by law enforcement under this Code, the Arkansas Rules of Criminal Procedure, a court order, or an ordinance; (4) "Nonconsent" means towing, storage, or recovery of an unattended vehicle, abandoned vehicle, or impounded or seized vehicle as defined in this section or a disabled or inoperative vehicle without the express or implied permission of the vehicle owner, operator, agent, or person in charge of the vehicle; (5) "Owner" means, in the absence of conclusive evidence to the contrary, the person in whose name the vehicle is registered with the Office of Motor Vehicle or in whose name the vehicle is registered in another state; (6) "Owner preference" means the right of the owner, the owner's agent, or a competent occupant of a disabled or inoperative vehicle subject to nonconsent towing, storage, or recovery to request some responsible and reasonable person, gratuitous bailee, bailee for hire, or properly licensed or permitted tow facility chosen by the owner, the owner's agent, or a competent occupant of the vehicle, to take charge and care of the vehicle; (7) "Person" means an individual, partnership, corporation, association, or other entity; (8) "Public way" means a road, highway, or street over which the public may travel, including the traveled surface and a berm or shoulder of a road, highway, or street; (9) "Removal" means that a law enforcement officer may request a towing and storage firm that is licensed by the Arkansas Towing and Recovery Board to engage in nonconsent towing of vehicles to remove and store: (A) An unattended vehicle or abandoned vehicle under this subchapter; (B) A disabled or inoperative vehicle for which the owner or person in charge of the vehicle has waived his or her right to owner preference as defined in this section; (C) A vehicle in which the operator was apprehended by law enforcement officers; or (D) An impounded or seized vehicle; (10) "Repossession" means towing, storage, or recovery of a vehicle by the vehicle lienholder, agent, or other person working on behalf of the lienholder; (11) "Tow business" or "towing business" means a corporation or a business entity with an alternate DBA name, filed with the Secretary of State and regulated by the board to be used exclusively for the operation of a tow facility, vehicle immobilization company, or a storage facility, including without limitation a business that: (A) Dispatches tow vehicles for nonconsent towing or repossession; (B) Stores vehicles; and (C) Conducts business with the general public; (12) "Tow vehicle" means a motor vehicle or related equipment subject to registration in the State of Arkansas that is used to tow, recover, upright, transport, or otherwise facilitate the movement of vehicles on public highways; (13) "Unattended vehicle" means a vehicle that: (A) Is left on public property without the consent of an authority in charge of the property or on or near a public way without some person, gratuitous bailee, or bailee for hire in possession of the vehicle and that: (i) Is located within a distance of three feet (3') of the traveled surface of the public way; (ii) Is located on or near a public way at a distance of three feet (3') or more of the traveled surface of the public way for a period of twenty-four (24) hours or more; or (iii) Is not located on or near a public way but is left for a period of forty-eight (48) hours or more; (B) Does not remain in the custody of a responsible person following an accident where the operator has been removed to a hospital or is otherwise unable to make personal arrangements for the vehicle's care; (C) Was operated to a place of apprehension by law enforcement under police power and the operator was removed from the vehicle and taken into police custody; (D) Is located upon a public right of way and due to geographic location, traffic density, or climatic conditions is creating an immediate and substantial hazard to the motoring public, as determined by a law enforcement officer; or (E) Is disabled or inoperative and located on or near a public way or on a public right-of-way, and honoring the owner preference would create an immediate and substantial hazard to the motoring public, as determined by a law enforcement officer, due to: (i) Geographic location; (ii) Traffic density; or (iii) Climatic conditions; (14) "Vehicle" means a device by which persons or things may be transported upon a public highway and which is of the type subject to registration in Arkansas; (15) "Vehicle immobilization service" means a person operating or directing others to operate a wheel clamp; and (16) "Wheel clamp" means a device attached to a wheel of a vehicle that renders the vehicle immobile.
Amended by Act 2021, No. 789,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 789,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 789,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 176,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 953,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 953,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1421,§ 3, eff. 8/16/2013. Acts 1993, No. 1000, § 2; 1997, No. 381, § 1; 1997, No. 392, § 1; 1999, No. 1279, § 4; 2001, No. 1830, §§ 1, 2; 2007, No. 1053, § 1; 2011, No. 1025, § 1.