006.05.93 Ark. Code R. 014
DRIVER SERVICES REGULATION
Commerce shall mean both interstate and intrastate trade, traffic and transportation in or throughs ther Seate Arkansas, or any combination thereof. School buses aunron buses and local delivery trucks are examples of which come within the definition of commerce:
All non-resident Commercial. Driver License applications must be made in person at the Office of Driver Services, Ledbetter Building, Seventh and Wolfe Streets, Little Rock.
A "P" endorsement is required on the Class D if the driver carries passengers for hire. The term £or 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. Provided, any person who chooses to add the Passenger Endorsement at any time other than renewal or original application shall be charged a $5.oo duplicate fee.
The Office of Driver Services shall periodically review the license population and make reasonable adjustments to approximate a 25 percent renewal rate each fiscal year. Effective January l, 1990 the office of Driver Services shall make all renewal dates fall on the licensee's date of birth. The term of each license shall be adjusted so as to insure that approximately 25 percent of the licensee are renewable each year and the fee shall be prorated accordingly.
Upon receipt of any notice of incompetency from any court of competent jurisdiction in the disposition of such matters, the office shall review such person named in the notice in compliance with § 27-16-907(a)(5) or § 27-16-909.
When the office issues a restricted license (age waiver) to a person who has attained the age of 14 years but not yet reached the 16th birthday, such restricted age waiver shall be issued only under the provisions of § 27-16-804(b)(2). Upon receipt of conviction for violation of restriction or a moving traffic violation, the office shall revoke the restricted license (age waiver).
Any person, having good cause, may request a waiver of the 30-day waiting period. Such request shall be to the Office of Driver Services.
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. Such a request must be directed to the Driver Control Section of the office.
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.
Every driver license shall expire on the licensee's date of birth and shall be issued for a period of 4 years.
First tour of duty shall be considered to be no more than 6 years from the date of entry into active duty. Indefinite appointment as a commissioned member of the Armed Forces shall not be considered after six (6) years following the date of entry.
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 (36) month period from the date a person is scheduled a hearing to discuss the accumulation of moving traffic convictions. These point values shall be assessed for each conviction entered and action may be taken in relation to the number of points accumulated.
8 points
8 points
8 points
8 points
8 points
4 points;
5 points;
3 points
3 points
0 points
Pursuant to the office 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. The medical report will then be evaluated to determine if such person should be allowed to operate a motor vehicle in this State.
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.
Pursuant to the office 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. This authorization will be on a special clearance form issued by a Hearing Officer. No individual will be given such a clearance until the Hearing Office is convinced that such person is qualified medically to operate a motor vehicle. 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.
The office may take action based on points accumulated and the total driving record:
A "Warning Letter" will be sent to the person calling attention to the person's errant driving and total point accumulation.
A "Notice of Suspension/Hearing" will be sent to such person which indicates the effective date of the proposed suspension action and advises the person of the right of "due process," and that the failure to attend the scheduled hearing will be considered the choice to waive that right in favor of the suspension action.
The office may suspend the person's driving privilege for no more than three months.
The office may suspend the person's driving privilege for no more than six months.
The office may suspend the person's driving privilege for no more than one year.
The office 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, epilepsy, diabetes or chronic alcohol/drug/narcotic addiction. A "Notice of Suspension/Hearing" will be mailed to such a person which will state the date the proposed suspension is to become effective and advises the person of the right of "due process, " and that failure to attend the scheduled hearing will be considered a decision to waive that right in favor of the suspension.
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.
When the office has suspended the driving privilege of a person under § 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. 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. 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/narcotic 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.
One who has ultimate control of a vehicle, either by coercion, omission or commission.
If, after all evidence is submitted, a final determination cannot be made, then the office shall take no further action until civil action is completed. 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. The office shall maintain a written statement of the findings in the licensee's record.
Notice shall have been served when the last known address as shown by the records of the office is used to send such notice to the licensee.
All hearings shall be conducted during regular business hours unless an alternate time is agreed upon by the licensee and the office.
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.
Notice of the licensee's right to a hearing shall contain the following information:
The office may reschedule or extend the hearing date if the licensee or his attorney at law request such delay under the following conditions:
The following directions shall be considered office procedure in the matters of a hearing.
Any person physically incapable of filing a report during the required time period may file a report within thirty (3 0) days after his or her recovery.
The Department 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.
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.
The office 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 (See Ark. Code Ann. § 27-19- 601, also see § 27-19-620). The office may hold all action in abeyance pending the filing of any requested information.
The office may reduce the amount of security required at any time if information warranting such reduction is received by the office. 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.
The office may incorporate in the notice of security required, an order of suspension. Said notice shall provide information to the person that upon the expiration of twenty (20) days the notice shall become the order of suspension.
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.
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 Ark. Code Ann. § 27-19-605, then such carrier or surety company may verify such coverage in the form as specified in Ark. Code Ann. § 27-19-504.
See Ark. Code Ann. § 27-19-107 and its corresponding regulations.
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. However, the office may require such person to furnish additional relevant information if deemed necessary.
Any owner whose vehicle was being used without his permission shall be relieved of the security requirement by filing information sufficient for the office to determine that said vehicle was being operated or was parked by a person who had been operating such vehicle without permission.
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. 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.
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.
The driver and owner of a motor vehicle involved in an accident as described in this Act shall be the only persons required to deposit security. However, any person or persons may deposit the security on behalf of either the driver or owner, or both. If security is deposited for one and not the other, then the depositor shall indicate such designation in writing or the office shall apply such deposit for both the owner and driver. If at any time the depositor wishes to retract the deposit from either the driver or owner, then he may do so, but such designation must be in writing. However, the depositor may not retract the deposit for both the driver and owner except as through such methods as described in this Act (Ark. Code Ann. § 27-19-614, 617, and 618) . Exclusion of either driver or owner from the security deposit may be determined by the office after a hearing.
Security deposits shall be made in cash, money order, and cashier's check. Personal checks may be accepted, but shall be endorsed immediately. Assignments of certificates of deposits, or passbook type savings may also be accepted.
A Financial Responsibility Corporate Surety Bond may be filed in lieu of the specified forms of security as described in Reg. 1-27-19- 607. Such Bond shall be on a form approved by the Director and shall be executed only by those corporations authorized to do business in this State. Such bond shall be accompanied by a Power of Attorney authorizing the agent of the Corporation to execute said Bond.
The security must be deposited in the total amount as determined by the Office. No security shall be accepted under any type of installment payment.
Upon suspending the operating privilege of any nonresident, the office shall issue notice of such suspension to the State in which such nonresident resides.
A nonresident shall have driving and registration privileges suspended in the same manner as for a resident.
Any affidavit filed pursuant to this sub-section must include, but shall not be limited to the following items:
For the purpose of this Section, any person with a pecuniary interest in an accident as described in this Act may be considered an affected person.
Any written agreement filed with the office as an exception to the security requirement should include, but shall not be limited to the following items:
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.
The agreement creditor shall notify the office in writing within one (1) year of any default. The office shall not enter into any mediation with the agreement debtor as to whether the terms of the agreement have been violated.
If the office is notified of a default, then action shall be taken pursuant to this sub-section unless the agreement creditor files a written statement that such default notice was erroneous.
If notice of a default is received by the office, then the office shall issue notice of the balance of security required. Such security requirement shall be the difference between the amount of the agreement and the amount that has been paid on the agreement.
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 shall restore the driving and registration privilege of the agreement debtor.
Any affidavit filed for reinstatement of driving and/or registration privilege shall include, but shall not be limited to the following items:
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 has required security.
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.
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.
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 has required security.
The covenant not to sue should be notarized indicating the parties of the covenant, the date and location of the accident, any conditions under which the covenant is being executed, the date the covenant is being executed, the signatures of the parties of the covenant and such signature to be made in the presence of a notary.
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.
Verification of final adjudication of non-liability shall be reported to the office by certified copy of final judgment.
Verification of satisfaction of a judgment shall be reported to the office by the Court rendering such judgment or a written statement by the judgment creditor or his representative that said judgment has been satisfied.
Verification of reimbursement may be a statement of reimbursement signed by the reimbursor or his liability insurance carrier, or receipt, or copies of receipts, signed by the reimbursor. Such verifications must also list the date and location of the accident.
The office 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. If such disbursement is for full settlement of an accident then the residue of such deposit, if any, shall be refunded to the depositor. If such disbursement is not for full settlement of the accident, then the residue shall be retained by the office.
Upon receipt of a certified copy of a judgment, the office shall disburse the security to any person obtaining the judgement for whom the office is requiring security. Such security shall be disbursed without authorization of the depositor.
The form of the disbursement request must include, but shall not be limited to, the following items:
If action at law is begun more than one year from the date of deposit, then such security shall not be disbursed to the judgment creditor unless the depositor of such security request such disbursement pursuant to sub-section 1. (Ark. Stats. § 27-19-620 of this section).
Request of disbursement must be made by the person depositing the security; request by the person required to provide the security shall not be honored unless such person is also the depositor.
Any affidavit filed for the return of a deposit shall include, but shall not be limited to the following items:
The office may, in its discretion accept evidence other than an affidavit if such evidence is deemed satisfactory. Such evidence may include, but shall not be limited to the following items:
The security shall be returned to the person making the deposit or his personal representative; however, the draft issued by the office shall be made payable to the depositor. If the depositor has deceased since the deposit was made, then the estate of such depositor may request return of the deposit.
Upon receiving correcting information, the office may, upon good cause and in its discretion, raise or reduce any security requirement. If security has already been deposited, then if such security is reduced, the office shall return the excess; if such security requirement is raised, then the office shall void all previous security requirements and shall issue a new notice of security requirement.
When a court reports nonpayment of a judgement to the Office of Driver Services. The judgment certification shall contain, but shall not be limited to, the following information:
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.
Verification that a judgment has been satisfied, stayed or that payments are sufficient to satisfy the requirements of Ark. Stats. § 27-19-708 may be accepted only in the form of a final court decree or written verification from the judgment creditor or his representative. Verification of future proof of financial responsibility shall be accepted only in the form prescribed in Ark. Stats. § 27-19-711.
It shall be the responsibility of the judgment creditor or his representative to file proof that a judgment has been renewed. If such proof of renewal is not received by the office prior to the expiration of ten (10) years from the date judgment is rendered, then the office shall assume that such renewal has not been perfected, and the person(s) affected by such judgment will have their motor vehicle registration and driving privilege reinstated. 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.
Verification of payments made on a judgment or judgments shall be a written statement filed by either the court in which such judgment was rendered or by the judgment creditor or his representative.
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(s) receiving such payments.
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:
A complete certificate of insurance filed with the office will be considered to be effective unless, or until, notification of cancellation is filed with the office.
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:
The filing of a certificate prior to the termination or cancellation of another certificate shall automatically terminate the certificate previously filed.
Any bond filed with the office for the purpose of providing future proof shall be for an amount of no less than $65,000 and shall be subject to the approval of the office.
If two (2) or more individual sureties schedule real estate in a bond, then such real estate together shall amount to $130,000 and shall be subject to the approval of the office.
Any demand of execution on a judgment shall be made to the Arkansas Insurance Commission and shall be subject to the rules and regulations established by the Insurance Commission for the purpose of administering this section.
Any license issued in accordance with this section shall include, but shall not be limited to the following items:
The police authority upon confiscating the suspended items, shall forthwith forward them to the Office of Driver Services. If the suspended items cannot be confiscated within thirty (30) days of the request, the police authority shall notify the office.
Upon determination by the office that a registration has been transferred for the purpose or with the effect of defeating the purpose of the Motor Vehicle Safety Responsibility Act, Ark. Code Ann. § 27-19-101 et. seq, the office shall suspend such registration until such time as the original suspension would be terminated.
Any person applying for self-insurance shall possess and continue to possess liquid assets amounting to no less than $65,000 if such self- insurance is to cover both property damage and bodily injury; $50,000 if such self-insurance is for bodily injury only; or $15,000 if such self-insurance is to cover property damage only.
Failure of such person to continue to possess the amount of liquid assets as provided for in regulation 1-27-19-107 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.
006.05.93 Ark. Code R. 014