§ 27-50-1223 — Removal of unattended vehicles - Liability

(a) The Division of Arkansas State Police, acting alone or in conjunction with another public safety agency, may, without the consent of the operator or a passenger, remove: (1) An unattended vehicle; (2) The spilled contents or cargo of an unattended vehicle; or (3) Motor vehicle cargo or personal property that the Arkansas Department of Transportation, the Division of Emergency Management, or the first responders on the scene of a motor vehicle accident believe is a hazardous material, hazardous waste, or regulated substance under state law or the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq. (b) The owner, the operator, or a passenger shall be liable for the costs to a state agency for the removal of the unattended vehicle, motor vehicle cargo, or personal property. (c) If acting in good faith and using reasonable care, a tow company, emergency medical services provider, or local law enforcement shall not be held responsible for any damages or claims that may result from the performance of a duty or the removal of an unattended vehicle, motor vehicle cargo, or personal property authorized under subsection (a) of this section.

Legislative History

Added by Act 2019, No. 1063,§ 2, eff. 7/24/2019.