ARKANSAS 2024 Membership Directory and Buyer’s Guide AUTOMOBILE DEALERS ASSOCIATION
Administrative Offices: 10543 South Glenstone Place, Baton Rouge, LA 70810 • (800) 622-6838 • TheVersantGroup.com AADA'S ENDORSED F&I PROVIDER OF PRODUCTS, TRAINING AND INCOME DEVELOPMENT A FEW OF OUR 60+ TEAM MEMBERS: Keith Decell President Jason Rasti Executive Vice President Cole Miller Director of Training Lee Martinez Regional Sales Director Joe Latham Territory Manager Shelley Cavin Client Relations Manager Sunny Mayhall General Counsel
TABLE OF CONTENTS ©2024 Arkansas Automobile Dealers Association (AADA) | The newsLINK Group LLC. All rights reserved. 2024 Membership Directory and Buyer’s Guide is published once a year by The newsLINK Group LLC for AADA and is the official publication for this association. The information contained in this publication is intended to provide general information for review, consideration and education. The contents do not constitute legal advice and should not be relied on as such. If you need legal advice or assistance, it is strongly recommended that you contact an attorney as to your circumstances. The statements and opinions expressed in this publication are those of the individual authors and do not necessarily represent the views of AADA, its board of directors, or the publisher. Likewise, the appearance of advertisements within this publication does not constitute an endorsement or recommendation of any product or service advertised. 2024 Membership Directory and Buyer’s Guide is a collective work, and as such, some articles are submitted by authors who are independent of AADA. While the 2024 Membership Directory and Buyer’s Guide encourages a first-print policy, in cases where this is not possible, every effort has been made to comply with any known reprint guidelines or restrictions. Content may not be reproduced or reprinted without prior written permission. For further information, please contact the publisher at (855) 747-4003. 4 Chairman’s Message In This Business Together By Joseph “Jay” Dooley III, Chairman of the Board, AADA 5 President’s Message Our Members Make AADA Strong By Greg Kirkpatrick, President, AADA 6 Governor’s Message By Sarah Huckabee Sanders, Governor of Arkansas 7 Motor Vehicle Commission Director’s Message By Daniel Pace, Director of Arkansas Motor Vehicle Commission 8 Office of Motor Vehicle Administrator’s Message By Wayne Hamric, Administrator, Office of Driver Services and Motor Vehicle 9 AADA Executive Committee 10 AADA Directors 11 AADA Staff 12 AADA Committee Assignments 2023-2024 14 Your Guide to AADA Regions 16 AADA Past Chairmen 20 Arkansas Congressional Delegation 22 Arkansas Motor Vehicle Commission Act 43 Rules of the Arkansas Motor Vehicle Commission 53 AADA Membership A-Z 56 AADA Membership by City 66 AADA Endorsed Products and Services 68 AADA Allied Members 70 Industry-Related Websites and Phone Numbers 71 Advertiser Index Arkansas Automobile Dealers Association | 3
CHAIRMAN’S MESSAGE IN THIS BUSINESS TOGETHER My fellow dealers and friends in the industry, It seems like this industry is always changing — and just as we get our hands around what’s in front of us, look out ahead! The one constant we can always rely on is the resilience of dealers across the state to respond. With interest rates and inventories high, we are all reminded that we are in this business together. As this year’s AADA chairman, I have made it my focus to engage the dealer community to come together as a strong force for our communities. For 92 years, AADA has represented automobile and heavy truck dealers in every corner of the state. Currently there are over 250 dealers providing critical jobs, large investments, generous charitable efforts and generally serving as an economic engine for the state. I have seen first-hand the benefit of having a strong partner in AADA as well as friendships with my fellow dealers to help give us advice and guidance through challenging times. This community of dealers is the most valuable asset we have as an industry. The most important way to ensure this network of dealers remains strong is to become an active participant in AADA. AADA is truly YOUR association. However, it can only be strong if each dealer is willing to give up a little bit of time to engage. I would encourage each of you to take a little time to get to know your association and you will truly see how valuable this resource is for all of us. It is a privilege to be able to serve you as chairman and I thank you for allowing me this opportunity. Never hesitate to call me or the great staff at AADA if you have any questions or need help. We are fortunate to have a great team, and I cannot thank them enough for their work. Joseph “Jay” Dooley III DE QUEEN AUTO GROUP INC. 863 E. Collin Raye Dr. PO Box 386 De Queen, Arkansas 71832 Bus: (870) 642-3604 Fax: (870) 642-4567 Toll Free: (800) 786-8054 Joseph “Jay” Dooley III Chairman of the Board, AADA De Queen Auto Group 4 | 2024 Membership Directory and Buyer’s Guide
PRESIDENT’S MESSAGE Greg Kirkpatrick President, AADA OUR MEMBERS MAKE AADA STRONG To AADA Members, Each year, we are thrilled for the opportunity to release our annual directory as a resource for our members and partners to keep up with AADA. This year is a very special edition for us, however, as it is going to be a part of a larger communications initiative. No industry understands the critical role of customer service and marketing to ensure the success of your businesses better than automobile and truck dealers. You work tirelessly to get that message out to your customers, and your association must take a similar focus in ensuring this message is spread across the state. With that in mind, we are rolling out a new quarterly publication, in addition to this annual directory, that will highlight all the things happening in our industry. This publication will be available to each dealer, as well as political leaders, to promote automobile and truck dealers across the state. For AADA and each dealer, it is important that we clearly explain and emphasize all the positive aspects of the Arkansas dealer network. This begins with emphasizing the fact that Arkansas new car dealers created over 21,000 jobs with average annual earnings by dealership employees of almost $74,000 and total payroll of $685 million. Dealers accounted for $9.5 billion in total sales and $614 million in state sales tax paid. Dealers also invest millions of dollars each year into the local Arkansas communities they serve. And finally, it’s important to note that dealers provide tremendous consumer service to Arkansans every day. I truly love this industry and am so thankful for all you do to make AADA strong. Greg Kirkpatrick Arkansas Automobile Dealers Association | 5
Dear Arkansas Automobile Dealers Association, In 1893, the first successful American gasoline automobile was invented. Since that time the automobile industry has played a vital role in the continuous growth of the economy throughout our nation. As Governor, and on behalf of all Arkansans, I’d like to thank you for the role you all play in providing good paying jobs and satisfying the needs of your customers every day. Your contributions to making Arkansas a great place to live, work, and raise a family have not gone unnoticed. My administration will continue to fully support future innovation and technology advances for the automotive industry through lower taxes, efficient government, and common-sense regulations. Thank you, again, for all you do. Sincerely, Sarah Huckabee Sanders Governor of Arkansas STATE CAPITOL BUILDING Little Rock, AR 72201 Telephone: (501) 682-2345 www.governor.arkansas.gov GOVERNOR’S MESSAGE 6 | 2024 Membership Directory and Buyer’s Guide
Dear Arkansas Automobile Dealers Association Members, I hope this letter finds you well. As the newly appointed Director of the Arkansas Motor Vehicle Commission, I am honored to address you for the first time in my capacity. My journey to this role stems from humble beginnings in Jonesboro, Arkansas, and I am deeply grateful for the opportunity to follow in the footsteps of the esteemed retired director, Sandy Stroope, whose mentorship has been invaluable. Having transitioned to this position in June 2023, after spending 8.5 years at the AG’s Office in Public Protection, I bring with me a commitment to serving our community with integrity and dedication. At the Arkansas Motor Vehicle Commission, our mission is clear: to serve independent dealers by promoting fairness and healthy competition within the industry. We are equally dedicated to safeguarding the interests of the public while actively contributing to the prosperity of Arkansas communities. Recognizing the indispensable role that local auto dealerships play in supporting their communities, we acknowledge their pivotal contributions in providing essential services, ensuring safety recalls and facilitating warranty repairs for consumers across rural, suburban and urban areas of Arkansas. Over the past year, we have undertaken significant strides in modernizing our operations by implementing a new, strictly online Licensing Platform — Enterprise Licensing & Permits (ELP). The rollout of ELP has been met with resounding success, garnering consistent positive feedback from automobile dealers regarding their experience. As we continue to evolve, the Commission remains steadfast in its commitment to enhancing our licensing services through ELP, with a steadfast focus on streamlining processes and maximizing convenience for our valued dealers. I am pleased to announce that the Commission now boasts a full staff consisting of two full-time investigators, a dedicated licensing supervisor and myself as director. Our team is ready to assist you with any automotive-related issues or concerns. Please do not hesitate to reach out to us; we are here to support you in any way we can. In closing, I extend my sincerest gratitude for your continued partnership and collaboration. Together, we can propel the automotive industry forward while serving the best interests of our communities. Warm regards, Daniel Pace Director of Arkansas Motor Vehicle Commission ARKANSAS MOTOR VEHICLE COMMISSION 900 W. Capitol Ave., Ste. 400 Little Rock, AR 72201 (501) 682-1428 MOTOR VEHICLE COMMISSION DIRECTOR’S MESSAGE Arkansas Automobile Dealers Association | 7
STATE OF ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION Office of Driver Services and Motor Vehicle 1900 W 7th St., Rm. 2042 PO Box 1272 Little Rock, AR 72203 Phone: (501) 682-4661 Fax: (501) 682-1116 Dear Arkansas Automobile Dealers Association, The primary responsibilities of the Office of Driver Services and Motor Vehicle (DSMV) are to administer the state of Arkansas vehicle registration, title and lien perfection laws and regulations concerning driver’s license and identification cards. The office establishes and maintains the driver’s license issuance, vehicle registration, title and lien perfection operating procedures used in the State Revenue Offices. The office also examines all title applications submitted in State Revenue Offices for accuracy and compliance with state and federal law, authorizes title production for all approved applications, maintains the state repository for vehicle registration, title and lien records and administers the International Registration Plan, an agreement between the United States and Canada for the apportionment of registration fees for trucks and truck/trailer combinations engaged in the interstate transportation of goods and materials. Online services such as Vehicle Registration, Check Title Status, Sales Tax Calculator and Print on Demand Duplicate Registrations are available at mydmv.arkansas.gov. These convenient and optional services were made available so that dealers and individuals alike may save time and “Skip the Trip” to their local revenue offices. Thank you, members of the Arkansas Automobile Dealers Association (AADA), for your cooperation and partnership with the Office of Driver Services and Motor Vehicle. Sincerely, Wayne Hamric, Administrator Office of Driver Services and Motor Vehicle OFFICE OF MOTOR VEHICLE ADMINISTRATOR’S MESSAGE 8 | 2024 Membership Directory and Buyer’s Guide
Joseph “Jay” Dooley III Chairman of the Board DeQueen Auto Group DeQueen Roger Smart Vice Chairman Smart Chevrolet White Hall Michael Dickerson Treasurer Whitson-Morgan Motor Company Clarksville Frank Hug Immediate Past Chairman Hug Chevrolet GMC Charleston Ted Smith NADA Director Smith Ford Conway Danny Ford NADA PAC Chairman Glen Sain Motor Sales Inc. Rector Phil Brissey Region I Director Stanley Wood Chevrolet Batesville Jimmy Langley Region II Director Smackover Motors Inc. Smackover Greg Kirkpatrick President Arkansas Auto Dealers Association North Little Rock AADA EXECUTIVE COMMITTEE Arkansas Automobile Dealers Association | 9
AADA DIRECTORS Jay Caldwell (2024) Caldwell Toyota Conway Tyler Davis (2024) Davis Buick GMC Cadillac Harrison Todd Ford (2026) Glen Sain Motor Sales Rector Tom Harness (2025) Riser-Harness Ford Searcy Patrick Jacobs — ATD Position (2024) Carco International Fort Smith Lannie Lancaster (2024) Holly Chevrolet Marion Shelby Lewis (2026) Lewis Ford Sales Inc. Fayetteville Rob Parker (2025) Parker Cadillac Little Rock Halley Ryburn (2025) Ryburn Motor Company Monticello Hank Trotter (2026) Trotter Ford Lincoln Pine Bluff 10 | 2024 Membership Directory and Buyer’s Guide
AADA STAFF Mike Mitchell Attorney Mitchell Blackstock Law Firm Little Rock Sherrie Hess Vice President of Membership Services North Little Rock Kim Martin Office Manager North Little Rock Jennifer Curlin Membership Services Associate North Little Rock Greg Kirkpatrick President North Little Rock Arkansas Automobile Dealers Association | 11
AADA COMMITTEE ASSIGNMENTS 2023-2024 BUDGET & FINANCE COMMITTEE Chris Byrd, Chairman Phil Brissey Michael Dickerson Jay Dooley Danny Ford Frank Hug Jimmy Langley Joe Schluterman Roger Smart Ted Smith LEGISLATIVE COMMITTEE Matt Cavenaugh and Renee Durham, Co-Chairs Chris Byrd Michael Dickerson Todd Ford Tom Harness Patrick Jacobs Jimmy Langley Shelby Lewis Tom Ramsey Bradford Randall Harry Robinson Bennie Ryburn Roger Smart Jr. Hank Trotter Mitchell Ward NOMINATING COMMITTEE Frank Hug, Chairman Hunter Bale Jamie Cobb Jay Dooley Brian Holt Kenne Ketcheside Gan Nunnally Joe Schluterman SERVICES COMMITTEE Bradford Randall, Chairman Phil Brissey Lannie Lancaster Rob Parker Halley Ryburn Joe Schluterman Hank Trotter DEALER OF THE YEAR COMMITTEE Jack Caldwell, Chairman Frank Hug Gan Nunnally Harry Robinson Dean Sides Ken Yarbrough 12 | 2024 Membership Directory and Buyer’s Guide
Anticipate every turn In an industry that’s always evolving, your dealership can rely on our Dealer Financial Services team’s 90 years of experience to see what’s around the corner, forward-thinking insights to prepare you, and technology to keep you ahead of the curve. What would you like the power to do?® Harsha Ramayya, harsha.ramayya@bofa.com business.bofa.com/dealer ©2023 Bank of America Corporation. All rights reserved. DFS-699-AD 5949042 Investment products offered by Investment Banking Affiliates: Are Not FDIC Insured Are Not Bank Guaranteed May Lose Value “Bank of America” and “BofA Securities” are the marketing names used by the Global Banking and Global Markets divisions of Bank of America Corporation. Lending, derivatives, other commercial banking activities, and trading in certain financial instruments are performed globally by banking affiliates of Bank of America Corporation, including Bank of America, N.A., Member FDIC. Trading in securities and financial instruments, and strategic advisory, and other investment banking activities, are performed globally by investment banking affiliates of Bank of America Corporation (“Investment Banking Affiliates”), including, in the United States, BofA Securities, Inc., which is a registered broker-dealer and Member of SIPC, and, in other jurisdictions, by locally registered entities. BofA Securities, Inc. is a registered futures commission merchant with the CFTC and a member of the NFA.
YOUR GUIDE TO AADA REGIONS TOWN COUNTY REGION Centerton Benton 2 Charleston Franklin 2 Clarksville Johnson 2 Clinton Van Buren 1 Conway Faulkner 1 Corning Clay 1 Crossett Ashley 2 Danville Yell 2 Dardenelle Yell 2 DeQueen Sevier 2 Dermott Chicot 2 Des Arc Prairie 1 DeWitt Arkansas 1 Earle Crittenden 1 El Dorado Union 2 England Lonoke 1 Farmington Washington 2 Fayetteville Washington 2 Flippin Marion 2 Fordyce Dallas 2 TOWN COUNTY REGION Alexander Pulaski 1 Alma Crawford 2 Arkadelphia Clark 2 Ash Flat Sharp 1 Ashdown Little River 2 Atkins Pope 2 Augusta Woodruff 1 Batesville Independence 1 Beebe White 1 Benton Saline 1 Bentonville Benton 2 Berryville Carroll 2 Bismarck Hot Spring 2 Black Rock Lawrence 1 Blytheville Mississippi 1 Booneville Logan 2 Brinkley Monroe 1 Bryant Saline 1 Cabot Lonoke 1 Camden Ouachita 2 REGIONAL DIRECTORS Phil Brissey Region I Director Stanley Wood Chevrolet Batesville Jimmy Langley Region II Director Smackover Motors Smackover Region 1 Region 2 14 | 2024 Membership Directory and Buyer’s Guide
TOWN COUNTY REGION Foreman Little River 2 Fort Smith Sebastian 2 Gillett Arkansas 1 Glenwood Pike 2 Gould Lincoln 2 Green Forest Carroll 2 Gurdon Clark 2 Hamburg Ashley 2 Hampton Calhoun 2 Hardy Sharp 1 Harrisburg Poinsett 1 Harrison Boone 2 Hazen Prairie 1 Heber Springs Cleburne 1 Helena Phillips 1 Hope Hempstead 2 Hot Springs Garland 2 Hoxie Lawrence 1 Hughes St. Francis 1 Jacksonville Pulaski 1 Joiner Mississippi 1 Jonesboro Craighead 1 Lake Village Chicot 2 Leachville Mississippi 1 Lepanto Poinsett 1 Lewisville Lafayette 2 Lincoln Washington 2 Little Rock Pulaski 1 Lonoke Lonoke 1 Lowell Benton 2 Magnolia Columbia 2 Malvern Hot Spring 2 Mammoth Spring Fulton 1 Manila Mississippi 1 Marianna Lee 1 Marion Crittenden 1 Marked Tree Poinsett 1 Marshall Searcy 1 Marvell Phillips 1 McGehee Desha 2 Melbourne Izard 1 Mena Polk 2 Monticello Drew 2 TOWN COUNTY REGION Morrilton Conway 1 Mountain Home Baxter 1 Mountain View Stone 1 Murfreesboro Pike 2 Nashville Howard 2 Newport Jackson 1 North Little Rock Pulaski 1 Ola Yell 2 Osceola Mississippi 1 Ozark Franklin 2 Paragould Greene 1 Paris Logan 2 Parkin Cross 1 Perryville Perry 1 Pine Bluff Jefferson 2 Pocahontas Randolph 1 Rector Clay 1 Rogers Benton 2 Russellville Pope 2 Scott Lonoke 1 Searcy White 1 Sheridan Grant 2 Sherwood Pulaski 1 Siloam Springs Benton 2 Smackover Union 2 Springdale Washington 2 Stamps Lafayette 2 Star City Lincoln 2 Strong Union 2 Stuttgart Arkansas 1 Swifton Jackson 1 Texarkana Miller 2 Trumann Poinsett 1 Van Buren Crawford 2 Vilonia Faulkner 1 Waldron Scott 2 Walnut Ridge Lawrence 1 Warren Bradley 2 West Memphis Crittenden 1 White Hall Jefferson 2 Wynne Cross 1 Yellville Marion 2 Arkansas Automobile Dealers Association | 15
AADA Felix G. Smart 1933-34 L.C. Cargile 1934-35 Henry C. Thomas 1935-36 Raymond Rebsamen 1937-38 R.J. Ross 1938-39 T.P. Marks 1940-41 William H. Sadler 1942-43 Otho A. Cook 1944 G.M. McDavid 1945 Henry C. Thomas 1946 PAST CHAIRMEN 16 | 2024 Membership Directory and Buyer’s Guide
Fred S. Balch 1947 S. Ray West 1948 David K. Russell 1949 F.O. Rice 1950 Roland Hughes 1951-52 Searcy Wilcoxon 1953 John H. Bale 1954 Tom McNeil 1955 Milton Green 1956 Fred Poe 1957 Carl F. Welch 1958 Clyde B. Randall 1959 G. Hendrix Lackey 1960 Charles Wiygul 1961 Verl Hudspeth 1962 Walter C. Jennings 1963 Harvey Wright Jr. 1964 Joe Bill Hackler 1965 Merle F. Peterson 1966 Harry Shannon 1967 Lloyd Fisk 1968 Herbert Lewis Jr. 1969 James Jackson 1970 Charles Metzler Jr. 1971 Richard Smart 1972 Arkansas Automobile Dealers Association | 17
Bevie L. Machen 1973 T.B. Murray Jr. 1974 Buddy Lackey 1975 Conway Carrigan 1976 Gordon Hennington Jr. 1977 Thomas H. Choate Jr. 1978 James Caplinger 1979 William Gandy 1980 Hugh B. Chalmers 1981 S.T. “Ros” Smith Jr. 1982 Frank Carder 1983 Bob Russell 1984 Hervey Aycock 1985 Jerry Scriber 1986 Gerald Jones 1987 Charlie Jordan 1988 John Shannon 1989 Bob Maloney 1990 Bill Smith 1991 Jim Arnold 1992 Benny Petrus 1993 Butch Martindill 1994 Jack Caldwell 1995 Steve Storey 1996 Danny Ford 1997 18 | 2024 Membership Directory and Buyer’s Guide
Rob Wilson 1998 Tom Kirk 1999 Ford Trotter 2000 Barbara Graham 2001 Ted Smith 2002 Andy Lewis 2003 Charlie Russell 2004 Brett Russell 2005 Jeff Teague 2006 Harry Robinson 2007 Bennie Ryburn 2008 Gary Futrell 2009 Avis Bailey 2010 Jim Ross 2011 Scott Wood 2012 Mike Bennage 2013 John Sahene 2014 Kenne Ketcheside 2015 Derek Russell 2016 Jamie Cobb 2017 Gan Nunnally 2018 Brian Holt 2019 Hunter Bale 2020 Joe Schluterman 2021 Frank Hug 2022 Arkansas Automobile Dealers Association | 19
Senate House of Representatives ARKANSAS CONGRESSIONAL DELEGATION Senator John Boozman 555 Dirksen Senate Office Bldg. Washington, D.C. 20510 (202) 224-4843 213 W. Monroe, Ste. N Lowell, AR 72745 (479) 725-0400 www.boozman.senate.gov Senator Tom Cotton 326 Russell Senate Office Bldg. Washington, D.C. 20510 (202) 224-2353 3333 S. Pinnacle Hills Pkwy., Ste. 425 Rogers, AR 72758 (479) 751-0879 www.cotton.senate.gov Congressman Rick Crawford 2422 Rayburn House Office Bldg. Washington, D.C. 20515 (202) 225-4076 2400 E. Highland Dr., Ste. 300 Jonesboro, AR 72401 (870) 203-0540 crawford.house.gov Congressman Bruce Westerman 202 Cannon House Office Bldg. Washington, D.C. 20515 (202) 225-3772 101 Reserve St., Ste. 200 Hot Springs, AR 71901 (501) 609-9796 westerman.house.gov Congressman French Hill 1533 Longworth House Office Bldg. Washington, D.C. 20515 (202) 225-2506 1501 N. University Ave., Ste. 630 Little Rock, AR 72207 (501) 324-5941 hill.house.gov Congressman Steve Womack 2412 Rayburn House Office Bldg. Washington, D.C. 20515 (202) 225-4301 3333 Pinnacle Hills Pkwy., Ste. 120 Rogers, AR 72758 (479) 464-0446 womack.house.gov 20 | 2024 Membership Directory and Buyer’s Guide
HOW MUCH IS YOUR DISTRICT SPENDING ON YOUR BENEFITS PROGRAM? WE CAN HELP! Contact me today. steve.o’kane@americanfidelity.com (800) 662-1113, ext. 2485 AMERICAN FIDELITY a different opinion ® Partner with us for cost reduction through streamlined benefits administration. ✓ Trusted Advisor ✓ Cost Savings ✓ Year-Round Support UPGRADE TO PREMIUM ACCOUNTING AND ADVISORY SERVICES FUELING YOUR DEALERSHIP CHATTANOOGA 423.756.7771 | MEMPHIS 901.683.4234 HHMDEALERSHIP.COM Arkansas Automobile Dealers Association | 21
THIS RE-PRINT OF THE ARKANSAS MOTOR VEHICLE COMMISSION ACT AND RULES AND REGULATIONS MAY NOT CONTAIN RECENT CHANGES. VISIT WWW.LABOR.ARKANSAS.GOV/LICENSING/MOTOR-VEHICLE-COMMISSION FOR THE MOST CURRENT EDITION OF THE AMVC ACT AND RULES AND REGULATIONS. SUBCHAPTER 1. GENERAL PROVISIONS. 23-112-101. Title 23-112-102. Legislative Findings-Purpose 23-112-103. Definitions 23-112-104. Injunction 23-112-105. Civil Damages 23-112-106. Enforcement 23-112-107. Motor Vehicle Event Data Recorder-Data Ownership SUBCHAPTER 2. MOTOR VEHICLE COMMISSION. 23-112-201. Arkansas Motor Vehicle CommissionCreation-Members-Officers 23-112-202. Proceedings -- Bond 23-112-203. Executive director -- Employees -- Office 23-112-204. Rules and regulations 23-112-205. Disposition of funds 23-112-206. [Repealed.] SUBCHAPTER 3. LICENSING AND REGULATION. 23-112-301. License required. 23-112-302. Application for license 23-112-303. Application fees 23-112-304. Issuance of license-Change of location-Change of business or corporate name, structure, or DBA name-Dealers, manufacturers, distributors, etc. 23-112-305. Display of license-Change of employer-Factory representative and distributor representative 23-112-306. Display of license -- Change of employer -- Salesperson 23-112-307. Expiration of license 23-112-308. Denial, revocation, and suspension 23-112-309. Monetary penalty in lieu of suspension or revocation of license 23-112-310. Delivery, preparation, and warranty obligations 23-112-311. Addition or relocation of new motor vehicle dealer 23-112-312. License reciprocity with other states 23-112-313. Warranty agreements 23-112-314. Civil penalty 23-112-315. [Repealed.] 23-112-316. Delivery prior to sale -- Disclosures 23-112-317. Motor vehicle dealer service and handling fees 23-112-318. Negative equity financing and disclosures permitted 23-112-319. Reimbursement claim by motor vehicle dealer (recall reimbursement) SUBCHAPTER 4. UNLAWFUL PRACTICES. 23-112-401. [Repealed.] 23-112-402. Dealer and salesperson 23-112-403. Manufacturers, distributors, second-stage manufacturers, importers, or converters 23-112-404. Motor vehicle lessors 23-112-405. [Repealed.] 23-112-406. Acting as broker 23-112-407. [Repealed.] SUBCHAPTER 5. HEARINGS AND APPEALS. 23-112-501. Right to hearing 23-112-502. Call for hearing 23-112-503. Notice -- Location of hearing 23-112-504. Conduct of hearing 23-112-506. Appeals 23-112-507. Exhaustion of remedies required -- Exception 23-112-508. Rules of order or procedure 23-112-509. Summons, citation, and subpoena SUBCHAPTER 6. USED MOTOR VEHICLE BUYERS PROTECTION. (Section not included.) 23-112-601. Necessity for regulation -- Legislative findings -- Legislative declaration 23-112-602. Definitions 23-112-603. Penalty for violation and disbursal of fines 23-112-604. Powers generally 23-112-605. Violations 23-112-606. License required 23-112-607. Dealer license 23-112-608. License certificate fees 23-112-609. Issuance of license certificate 23-112-610. Display of dealer license 23-112-611. Records to be maintained 23-112-612. [Repealed.] 23-112-613. Delivery prior to sale -- Disclosures 23-112-614. Auto auction fees for salvage-titled or parts-only titled vehicles 23-112-615. [Repealed.] 23-112-616. [Repealed.] 23-112-617. Used motor vehicle dealer service and handling fee SUBCHAPTER 7. DAMAGE TO MOTOR VEHICLES WHILE IN TRANSIT. 23-112-701. When delivery accomplished 23-112-702. Damage prior to delivery to the dealer -- Notice 23-112-703. Failure to repair 23-112-704. Computing time 23-112-705. Disclosure of damage to consumer -- Certification 23-112-706. Damage after delivery to the dealer -- Disclosure to the consumer -- Certification 23-112-707. Manufacturer required to indemnify franchised dealers SUBCHAPTER 8. SPECIAL MOTORCYCLE EVENTS. (Section not included.) 23-112-801. Findings 23-112-802. Definitions 23-112-803. Statements of estimated positive economic impact 23-112-804. Significant positive economic impact determinations 23-112-805. Authority to waive relevant market area and rules 23-112-806. Established and ongoing special motorcycle events SUBCHAPTER 9. RECREATIONAL VEHICLE SPECIAL EVENTS. (Section not included.) 23-112-901. Findings 23-112-902. Definitions 23-112-903. Statements of estimated positive economic impact 23-112-904. Significant positive economic impact determinations 23-112-905. Authority to waive relevant market area and rules ARKANSAS MOTOR VEHICLE COMMISSION ACT INDEX 22 | 2024 Membership Directory and Buyer’s Guide
Arkansas Code Annotated §23-112-101 et seq. ARKANSAS MOTOR VEHICLE COMMISSION ACT CHAPTER 112 MOTOR VEHICLE MANUFACTURERS, DEALERS, ETC. SUBCHAPTERS. 1. GENERAL PROVISIONS. 2. MOTOR VEHICLE COMMISSION. 3. LICENSE AND RULE. 4. UNLAWFUL PRACTICES. 5. HEARINGS AND APPEALS. 6. USED MOTOR VEHICLE BUYERS PROTECTION. 7. DAMAGE TO MOTOR VEHICLES WHILE IN TRANSIT. Every effort has been made to make this Annotated combination of past and current laws as accurate as possible. The Arkansas Motor Vehicle Commission is not responsible for changes accidentally or willfully made to this document by third parties. For a complete history and the Official Acts visit the State of Arkansas web page amvc.arkansas.gov. SUBCHAPTER 1. GENERAL PROVISIONS. SECTIONS. 23-112-101. Title. 23-112-102. Legislative Findings – Purpose. 23-112-103. Definitions. 23-112-104. Injunction. 23-112-105. Civil Damages. 23-112-106. Enforcement. 23-112-107. Motor Vehicle Event Data Recorder – Data Ownership. 23-112-101. Title. This chapter shall be known and may be cited as the “Arkansas Motor Vehicle Commission Act”. History. Acts 1975, No. 388, §1; A.S.A. 1947, §75-2301. 23-112-102. Legislative findings – Purpose. (a) The General Assembly finds and declares that the distribution and sale of motor vehicles in Arkansas vitally affects the general economy of the state and the public interest and the public welfare. (b) The General Assembly further finds and declares that it is necessary, in the exercise of its police power, to regulate and to license motor vehicle manufacturers, factory branches and divisions, distributors, distributor branches and divisions, distributor representatives, new motor vehicle dealers, and salespersons doing business in Arkansas in order to: (1) Prevent frauds, unfair practices, discrimination, impositions, and other abuses upon the citizens of Arkansas; (2) Avoid undue control of the independent motor vehicle dealer by motor vehicle manufacturing and distributing organizations; (3) Foster and keep alive vigorous and healthy competition; (4) Prevent the creation or perpetuation of monopolies; (5) Prevent the practice of requiring the buying of special features, accessories, special models, appliances, and equipment not desired by a motor vehicle dealer or the ultimate purchaser; (6) Prevent false and misleading advertising; (7) Promote and keep alive a sound system of distribution of motor vehicles to the public; and (8) Promote the public safety and welfare. History. Acts 1975, No. 388, §2 A.S.A. 1947, §75-2302; Acts 1995, No. 568, §1. 23-112-103. Definitions. As used in this chapter: (1) “Advertisement” means an oral, written, telecommunicated, graphic, pictorial or other statement made in the course of soliciting business, including without limitation, a statement or representation made in a newspaper, magazine, Internet, or other publication or contained in a notice, sign, poster, display, circular, pamphlet, letter, or flyer, or made via radio, television, or any other medium; (2) “All-terrain vehicle” means a motor vehicle that: (A) Is an off-highway vehicle: (i) Fifty inches (50”) or less in width, having a dry weight of nine hundred pounds (900 lbs.) or less, and traveling on three (3) or more low pressure tires, with a seat designed to be straddled by the operator, a Class 1 all- terrain vehicle; or (ii) With a width that exceeds forty-five inches (45”) or having a dry weight that exceeds six hundred pounds (600 lbs.), traveling on four (4) or more low-profile, low-pressure tires, and having a bench seat, or one (1) or more bucket seats, a Class 2 all-terrain vehicle; (B) Has a seat for the operator and any passenger and handlebars or other steering mechanism for control; and (C) Is used for any purpose, including, but not limited to, off-road, amphibious, or recreational travel; (3) “Auto auction” means: (A) Any person who operates or provides a place of business or facilities for the wholesale exchange of motor vehicles by and between duly licensed motor vehicle dealers; (B) Any motor vehicle dealer licensed to sell used motor vehicles, selling motor vehicles using an auction format but not on consignment; and (C) Any person who provides the facilities for or is in the business of selling motor vehicles in an auction format; (4) “Branch Location” means a secondary location: (A) Identified in a license issued by the Arkansas Motor Vehicle Commission to a motor vehicle dealer; and (B) Which is an established place of business other than the licensed location; (5) “Broker” means a person who for any valuable consideration, whether received directly or indirectly, arranges or offers to arrange a transaction involving the sale, for purposes other than resale, of a new motor vehicle, and who is not: (A) A dealer or bona fide employee of a new motor vehicle dealer when acting on behalf of a new motor vehicle dealer; (B) A representative or bona fide employee of a manufacturer, factory branch, or factory representative when acting on behalf of a manufacturer, factory branch, or factory representative; (C) A representative or bona fide employee of a distributor or distributor branch when acting on behalf of a distributor or distributor branch; or (D) At any point in the transaction, the bona fide owner of the vehicle involved in the transaction; (6) (A) “Coerce” means compelling or attempting to compel by threatening, retaliating, using economic force, or by not performing or complying with: (i) Any terms or provisions of the franchise or sales and service agreement; (ii) The terms of this chapter; or (iii) The rules promulgated by the Arkansas Motor Vehicle Commission. (B) “Coerce” does not mean recommending, exposing, persuading, urging, or arguing; (7) “Commission” means the Arkansas Motor Vehicle Commission created by this chapter; (8) “Conversion” means a motor vehicle other than an exempted specialty vehicle that is substantially modified by a person, firm, Arkansas Automobile Dealers Association | 23
ARKANSAS MOTOR VEHICLE COMMISSION ACT or corporation other than the manufacturer or distributor of the chassis of the motor vehicle and that has not been the subject of a retail sale; (9) “Distributor” means any person, resident or nonresident, who, in whole or in part, sells or distributes new motor vehicles to motor vehicle dealers or who maintains distributor representatives; (10) “Distributor branch” means a branch or division office similarly maintained by a distributor for the same purposes a factory branch or division is maintained; (11) “Distributor representative” means a representative similarly employed by a distributor or distributor branch; (12) “Factory branch” means a branch or division office maintained by a person, firm, association, corporation, or trust who manufactures or assembles new motor vehicles for sale to distributors, to motor vehicle dealers, or for directing or supervising, in whole or in part, its representatives; (13) “Factory representative” means a representative employed by a: (A) Person, firm, association, corporation, or trust who manufactures or assembles new motor vehicles; or (B) Factory branch, for the purpose of making or promoting the sale of its new motor vehicles or for supervising or contacting its dealers or prospective dealers; (14) “Franchise” means one (1) or more contracts between a franchised dealer as franchisee and either a manufacturer or a distributor, importer, second-stage manufacturer, or converter as franchiser under which: (A) The franchisee is granted the right to sell and service new motor vehicles manufactured or distributed by the franchiser; (B) The franchisee as an independent business is a component of the franchiser’s distribution system; (C) The franchise is substantially associated with the franchiser’s trademark, trade name, or commercial symbol; (D) The franchisee’s business is substantially reliant on the franchiser for a continued supply of motor vehicles, parts, or accessories for the conduct of its business; or (E) (i) Any right, duty, or obligation granted or imposed by this chapter is affected. (ii) “Franchise” includes: (a) A written communication from a franchiser to a franchisee by which a duty is imposed upon the franchisee; or (b) Any separate written agreement between the franchisee and the franchiser that materially affects the franchise, as defined in this subdivision (14), whether entered into: (1) Contemporaneously with the creation of the franchise; or (2) Subsequent to the date the franchise was created; (15) “Good faith” means the duty of each party to any franchise and all officers, employees, or agents thereof to act in a fair and equitable manner toward each other so as to guarantee the one (1) party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party; (16) “Licensed location” means the address designated as the primary business address of the motor vehicle dealer on the application submitted for approval of licensure; (17) “Line make of a motor vehicle” means a group or series of motor vehicles that have the same brand identification or brand name, based upon the manufacturer’s trademark, trade name, or logo. (18) “Low speed vehicle” means a motor vehicle: (A) That is a four (4) wheeled; (B) That has an attainable speed in one (1) mile of more than twenty miles per hour (20 m.p.h) and not more than twenty-five miles per hour (25 m.p.h.) on a paved level surface; and (C) With a gross vehicle weight of less than three thousand pound (3,000 lbs.). (19) “Manufacturer” means any person, firm, association, corporation, or trust, resident or nonresident, that manufactures or assembles new motor vehicles; (20) “Motor vehicle” means a self-propelled vehicle having two (2) or more wheels that has as its primary purpose the transportation of a person, including without limitation all-terrain vehicles, automobiles, trucks, motorcycles, motor-driven cycles, motor scooters, and low speed vehicles; (21) (A) (i) “Motor vehicle dealer” means a person that is: (a) Engaged in the business of selling, offering to sell, soliciting, or advertising the sale of servicing or repairing motor vehicles under a manufacturer’s warranty; and (b) Located at an established and permanent place of business under a franchise, sales and service agreement, or a bona fide contract in effect with a manufacturer or distributor. (ii) “Motor vehicle dealer” includes any person engaged in the business of selling, offering to sell, soliciting, or advertising the sale, regardless of the medium used, of commercial buses, school buses, or other multi-passenger motor vehicles, or possessing them for the purpose of resale. (B) “Motor vehicle dealer” does not include: (i) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree, or order of any court; (ii) Public officers while performing their duties as officers; (iii) Employees of persons, corporations, or associations enumerated in subdivision (21)(B)(i) of this section when engaged in the specific performance of their duties as employees; (iv) Specialty vehicle dealers; (v) Financial institutions engaged in the leasing of motor vehicles; or (vi) Used motor vehicle dealers licensed by the state under § 23-112-601 et. seq.; (22) “Motor vehicle lessor” means any person not excluded by subdivision (21) of this section engaged in the motor vehicle leasing or rental business; (23) [Repealed by 2021 amendment]; (24) “New motor vehicle” means any motor vehicle, the legal title to which has never been transferred by a manufacturer, distributor, or franchised new motor vehicle dealer to an ultimate purchaser; (25) “Off premises” means a location other than the address designated as the licensed location; (26) “Person” means and includes, individually and collectively, individuals, firms, partnerships, co-partnerships, associations, corporations, trusts, or any other form of business enterprise, or any legal entity; (27) (A) “Relevant market area” means the area within a radius surrounding an existing dealer or the area of responsibility defined in the franchise and on file in the commission office, whichever is greater. (B) (i) For all licensed new motor vehicle dealers, excluding motorcycles, motorized cycles, and motor-driven all-terrain vehicles, which include two-wheeled, three-wheeled, four-wheeled, six-wheeled, or eight-wheeled motorcycles, motorized cycles, and motor-driven all-terrain vehicles, the relevant market area shall be a radius of twenty (20) miles. (ii) However, when a manufacturer is seeking to establish an additional new motor vehicle dealer, the relevant market area shall in all instances be the area within a radius of ten (10) miles around an existing dealer. (C) For all licensed new motor vehicle dealers of motorcycles, motorized cycles, and motor-driven all-terrain vehicles, which include two-wheeled, three-wheeled, four-wheeled, sixwheeled, or eight-wheeled motorcycles, motorized cycles, and motor-driven all-terrain vehicles, the relevant market area shall in all instances be the area within a radius of thirty (30) miles around an existing dealer or the area of responsibility defined in the franchise and on file in the commission office, whichever is greater; (28) “Retail sale” or “sale at retail” means the act or attempted act of selling, bartering, exchanging, or otherwise disposing of a new motor vehicle to an ultimate purchaser for use as a consumer; (29) “Second-stage manufacturer” or “converter” means a person, firm, or corporation that, prior to retail sale of a motor vehicle: (A) Assembles, installs, or affixes a body, cab, or special equipment to a chassis; or (B) Substantially adds to, subtracts from, or modifies a previously assembled or manufactured motor vehicle; 24 | 2024 Membership Directory and Buyer’s Guide
ARKANSAS MOTOR VEHICLE COMMISSION ACT (30) (A) “Specialty vehicle” means a motor vehicle manufactured by a second-stage manufacturer by purchasing motor vehicle components, for example, frame and drive train, and completing the manufacture of finished motor vehicles for the purpose of resale, with the primary manufacturer warranty unimpaired, to a limited commercial market rather than the consuming public. (B) “Specialty vehicles” includes garbage trucks, ambulances, fire trucks, limousines, hearses, and other similar limited-purpose vehicles as the commission may by regulation provide; (31) “Temporary permit” means a license issued for one (1) week or less to a motor vehicle dealer who is licensed in another state for the purpose of displaying, offering to sell, selling, and soliciting the sales of motor vehicles at the time and place designated by the commission and only at an approved motor vehicle show in this state; (32) (A) “Ultimate purchaser” means, with respect to any new motor vehicle, the first person, other than a motor vehicle dealer purchasing in his or her capacity as a dealer, who in good faith purchases the new motor vehicle for purposes other than resale. (B) “Ultimate purchaser” shall not include a person who purchases a vehicle for purposes of altering or remanufacturing the motor vehicle for future resale; (33) (A) “Used motor vehicle” means a motor vehicle: (i) For which title has been sold, bargained, exchanged, given away, or transferred from the person or corporation who first took ownership from the manufacturer, distributor, dealer, or agents thereof; or (ii) So used as to have become what is commonly known as a “second hand motor vehicle” or a “previously owned motor vehicle”. (B) A new motor vehicle shall not be considered a used motor vehicle unless the motor vehicle has been: (i) Placed in actual operation; and (ii) Not held for resale by an owner that has: (a) Been granted a certificate of title; and (b) Registered the motor vehicle under the Uniform Motor Vehicle Administration, Certificate of Title, and Antitheft Act, § 27-14-101 et seq.; (34) “Used motor vehicle dealer” means any person, wholesaler, or auto auctioneer who, for a commission or with the intent to make a profit or gain of money or other thing of value: (A) Sells, exchanges, rents, or leases with the option to purchase or own, or attempts to negotiate a sale or exchange of an interest in any used motor vehicle; or (B) Is wholly or in part in the business of buying, selling, trading, or exchanging used motor vehicles, whether or not the used motor vehicles are owned by the person; (35) (A) “Wholesaler” means any person, resident or nonresident, not excluded by subdivision (21) of this section, who, in whole or in part, sells used motor vehicles to motor vehicle dealers or purchases used vehicles for the purpose of resale. (B) However, motor vehicle dealers who, incidental to their primary business, sell motor vehicles to other dealers are not considered wholesalers because of the incidental sales; (36) “Stop-sale order” or “do-not-drive order” means a notification issued by a manufacturer to the manufacturer’s franchised new motor vehicle dealers stating that certain used motor vehicles in inventory shall not be sold or leased, at either retail or wholesale prices, due to a: (A) Federal safety recall for a defect or noncompliance; or (B) Federal emissions recall. (37) “Digital Platforms “ means an online exchange of information, goods, and services between a dealer and a consumer that facilitate retail commercial interactions. History. Acts 1975, No. 388, § 3; 1985, No. 1032, § 1; 1985, No. 1058, § 1; A.S.A. 1947, § 75-2303; Acts 1987, No. 620, § 1; 1987, No. 645, §§ 1, 2; 1989, No. 65, §§ 1-3; 1989, No. 509, § 1; 1991, No. 411, § 3; 1991, No. 890, §§ 1-3; 1993, No. 383, § 5; 1997, No. 1154, §§ 3-7; 1999, No. 1042, § 1; 2001, No. 1053, § 1; 2003, No. 1098, §§ 1, 2; 2009, No. 756, §§ 1-5; 2011, No. 1005, §§ 1-3; 2013, No. 561, §§ 1, 2; 2013, No. 1043, §§ 1, 2; 2015, No. 1055, §§ 1, 2; 2015, No. 1164, § 7; 2019, No. 315, §2825; 2019, No. 924, §1; 2021, No. 504, §3; 2021, No. 1077, §§1-2. 23-112-104. Injunction. (a) The Arkansas Motor Vehicle Commission shall be entitled to seek an injunction upon affidavit in the circuit court for the county in which the Commission’s office is located to prevent any person, firm, partnership, association, corporation, or legal entity from violating any provision of this chapter or any rule promulgated by the Commission. (b) The Commission shall not be required to execute or give bond for costs, indemnity, or stay or to give security as a condition to the issuance of a restraining order or injunction, either temporary or permanent. History. Acts 1977, No. 838, § 1; A.S.A. 1947, § 75-2312; Acts 1997, No. 1154, § 8; 2019, No. 315, § 2826. 23-112-105. Civil Damages. (a) A licensee suffering pecuniary loss because of any willful failure by any other licensee to comply with this chapter, other than a new automobile or truck dealer’s failure to comply with § 23-112-301(d)(1)-(2) or with any rule promulgated by the Arkansas Motor Vehicle Commission under authority vested in it by this chapter, may recover reasonable damages and attorney’s fees therefore in any court of competent jurisdiction. (b) If a motor vehicle dealer prevails in an action against a manufacturer, distributor, second-stage manufacturer, importer, converter, manufacturer branch or division, or distributor branch or division under any provision of this chapter, the motor vehicle dealer shall also have a cause of action against the manufacturer, distributor, second-stage manufacturer, importer, converter, manufacturer branch or division, or distributor branch or division for attorney’s fees, if none have been awarded in an earlier administrative hearing. History. Acts 1975, No. 388, § 9; A.S.A. 1947, § 75-2309; Acts 1989, No. 678, § 3; 2011, No. 1005, § 4; 2019, No. 315, §2827. 23-112-106. Enforcement. (a) The Arkansas Motor Vehicle Commission may enter orders that direct and command compliance with this chapter and rules under this chapter if any of the following conditions have been met: (1) The Commission has conducted a hearing within sixty (60) days on the matter; (2) The Commission has made written findings that the public interest and welfare require the person or entity against whom the Commission is acting to take specified action; or (3) The Commission finds that the current civil or administrative penalties are insufficient. (b) The Commission may enforce its findings and conclusions upon entry of an order under subsection (a) of this section. History. Acts 2003 (2nd Ex. Sess.), No 62, § 1; 2019, No. 315, §2828. 23-112-107. Motor Vehicle Event Data Recorder — Data Ownership. (a) As used in this section: (1) “Authorized representative” means a person who is the attorneyin-fact for an owner or a person who has been appointed the administrator or personal representative of the estate of the owner; (2) “Motor vehicle event data recorder” means a factory-installed feature in a motor vehicle that does one (1) or more of the following: (A) Records, stores, transmits, or dispenses any of the following information for the purpose of retrieval after a crash: (i) Vehicle speed; (ii) Vehicle direction; (iii) Vehicle location; (iv) Steering performance; or (v) Seat belt restraint status; (B) Has the capacity to transmit information concerning a crash in which the motor vehicle has been involved to a central communications system when a crash occurs; or (C) Includes a sensing and diagnostic module, restraint control module, electronic throttle control, or other similar component; and (3) “Owner” means a person or entity: (A) In whose name a motor vehicle is registered or titled; (B) Who leases a motor vehicle for at least three (3) months; (C) Who is entitled to possession of the motor vehicle as the purchaser under a security agreement; or (D) Who is the authorized representative of the owner. (b) At the time of a new vehicle purchase by a consumer from a dealership, an owner of a motor vehicle shall be given written notice by the seller or manufacturer that includes the following: (1) The presence of the motor vehicle event data recorder in the motor vehicle; (2) The type of motor vehicle event data recorder in the motor vehicle; and Arkansas Automobile Dealers Association | 25
ARKANSAS MOTOR VEHICLE COMMISSION ACT (3) The type of data that is recorded, stored, or transmitted on the motor vehicle event data recorder. (c) Except as specifically provided under subsections (d) and (f)-(i) of this section, the data on a motor vehicle event data recorder: (1) Is private; (2) Is exclusively owned by the owner of the motor vehicle; and (3) Shall not be retrieved or used by another person or entity. (d) (1) If a motor vehicle is owned by one (1) owner, then the owner of a motor vehicle may provide written consent in the form of a release signed by the owner that authorizes a person or entity to retrieve or use the data. (2) If a motor vehicle is owned by more than one (1) person or entity and if all owners agree to release the data, then all owners must consent in writing by signing a release to authorize a person or entity to retrieve or use the data. (3) A release to a person or entity under this subsection shall be limited to permission for data collection and compilation only and shall not authorize the release of information that identifies the owner of the vehicle. (e) (1) (A) If a motor vehicle is equipped with a motor vehicle event data recorder and is involved in an accident in Arkansas, the owner of the motor vehicle at the time that the data is created shall own and retain exclusive ownership rights to the data. (B) The ownership of the data shall not pass to a lienholder or to an insurer because the lienholder or insurer succeeds in ownership to the vehicle as a result of the accident. (2) The data shall not be used by a lienholder or an insurer for any reason without a written consent in the form of a release signed by the owner of the motor vehicle at the time of the accident that authorizes the lienholder or insurer to retrieve or use the data. (3) A lienholder or insurer shall not make the owner’s consent to the retrieval or use of the data conditioned upon the payment or settlement of an obligation or claim. However, the insured is required to comply with all policy provisions, including any provision that requires the insured to cooperate with the insurer. (4) An insurer or lessor of a motor vehicle shall not require an owner to provide written permission for the access or retrieval of information from a motor vehicle event data recorder as a condition of the policy or lease. (f) Except as specifically provided under subsections (d) and (g)-(i) of this section, the data from a motor vehicle event data recorder shall only be produced without the consent of the owner at the time of the accident if: (1) A court of competent jurisdiction in Arkansas orders the production of the data; (2) A law enforcement officer obtains the data based on probable cause of an offense under the laws of the State of Arkansas; or (3) A law enforcement officer, a firefighter, or an emergency medical services provider obtains the data in the course of responding to or investigating an emergency involving physical injury or the risk of physical injury to any person. (g) The Arkansas Department of Transportation may retrieve data from a motor vehicle event data recorder if the data is used for the following purposes: (1) Preclearing weigh stations; (2) Automating driver records of duty status as authorized by the United States Department of Transportation; (3) Replacing handwritten reports for any fuel tax reporting or other mileage reporting purpose; or (4) Complying with a state or federal law. (h) To protect the public health, welfare, and safety, the following exceptions shall be allowed regarding the retrieval of data from a motor vehicle event data recorder: (1) To determine the need or to facilitate emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including obtaining data from a company that provides subscription services to the owners of motor vehicles for in-vehicle safety and security communications systems; (2) To facilitate medical research of the human body’s reaction to motor vehicle crashes if: (A) The identity of the owner or driver is not disclosed in connection with the retrieved data; and (B) The last four (4) digits of the vehicle identification number are not disclosed; or (3) To diagnose, service, or repair a motor vehicle. (i) Notwithstanding any other provision of this section, the use of data from a motor vehicle event data recorder shall not be permitted into evidence in a civil or criminal matter pending before a court in the State of Arkansas unless it is shown to be relevant and reliable pursuant to the Arkansas Rules of Evidence. (j) (1) If a motor vehicle is equipped with a motor vehicle event data recorder that is capable of recording, storing, transmitting, or dispensing information as described in this section and that capability is part of a subscription service, then the information that may be recorded, stored, transmitted, or dispensed shall be disclosed in the subscription agreement. (2) Subsections (c), (d), and (f)-(h) of this section shall not apply to subscription services that meet the requirements of this subsection. (k) (1) A new motor vehicle dealer, manufacturer, and distributor shall be immune and held harmless against liability for the privacy of information contained in motor vehicle databases, including without limitation recording devices, global-positioning systems, navigation devices or any in-vehicle data not controlled by the dealer. (2) This subsection does not affect the notice requirements under subsection (b) of this section. (l) The Arkansas Motor Vehicle Commission shall administer this section and may promulgate rules for the administration of this section. History. Acts 2005, No. 1419, § 1; 2009, No. 148, § 1; 2011, No. 1005, §§ 5, 6; 2017, No. 707, §266. SUBCHAPTER 2. MOTOR VEHICLE COMMISSION. SECTIONS. 23-112-201. Arkansas Motor Vehicle Commission – Creation – Members – Officers. 23-112-202. Proceedings – Bond. 23-112-203. Executive Director – Employees – Office. 23-112-204. Rules. 23-112-205. Disposition of Funds. 23-112-206. Fund Transfer – Motor Vehicle Education and Training. 23-112-201. Arkansas Motor Vehicle Commission – Creation – Members – Officers. (a) There is created the Arkansas Motor Vehicle Commission, hereinafter referred to as the Commission, to be composed of nine (9) members to be appointed by the Governor for terms of seven (7) years, subject to confirmation by the Senate. (b) (1) One (1) Commissioner shall be appointed from each of the four (4) congressional districts of the state as constituted July 1, 1975, and five (5) members of the Commission, including the consumer representative and the representative of the elderly, shall be appointed from the state at large. (2) (A) Four (4) members of the Commission shall be licensees or shall be qualified as licensees under the provisions of this chapter at the time of their appointment. (B) Five (5) members of the Commission shall be appointed from the public at large, including the consumer representative and the representative of the elderly. (C) (i) No more than four (4) members of the Commission shall at any time: (a) Be licensees under this chapter; (b) Have any financial interest in or be an officer or an employee of a licensee under this chapter; or (c) Be employed by or own a business or organization that directly or indirectly profits from the sale of new motor vehicles. (ii) At least one (1) of them shall be licensed as a dealer of franchise motorcycles. (3) (A) The consumer representative and the representative of the elderly shall not be actively engaged in or retired from the businesses regulated by this chapter. (B) The two (2) positions may not be held by the same person. 26 | 2024 Membership Directory and Buyer’s Guide
www.thenewslinkgroup.orgRkJQdWJsaXNoZXIy ODQxMjUw