(a) This part applies to a person that either:
- (1) Engages in the towing or storage of vehicles in the State of Arkansas; or
- (2) Performs vehicle immobilization services.
(b) This part does not apply to the following tow vehicles and related equipment:
- (1) Car carriers capable of carrying five (5) or more vehicles and that have authority from the Federal Motor Carrier Safety Administration;
- (2) Tow vehicles owned by a governmental entity and not used for commercial purposes;
(3) If in compliance with Arkansas Code § 27-35-112, tow vehicles that are:
- (A) Registered in another state;
- (B) Operating under authority from the Federal Motor Carrier Safety Administration; and
- (C) Not regularly doing business or soliciting business in the State of Arkansas; and
(4) Tow vehicles used for noncommercial purposes, including without limitation tow vehicles used:
- (A) For personal use;
- (B) For transporting historic, special interest, or antique vehicles; or
- (C) As a parade tow vehicle.
- (c) This part does not apply to the storage of vehicles by a salvage vehicle pool or salvage vehicle auction that does not otherwise perform towing services.