27 CAR § 170-116 – Sale and posting of vehicles, trailers, and contents on website

(a) As used in this section, “vehicles, trailers, and contents” means a towed or stored vehicle and its contents and any trailer attached to the vehicle at the time it is towed and any contents of such trailer, including, but not limited to, other vehicles or boats, to which a possessory lien attached under Arkansas Code § 27-50-1208.
(b) All vehicles, trailers, and contents towed, recovered, or stored that have not been claimed within forty-five (45) days after perfection of the towing lien by both maintaining possession and sending notice by certified mail that complies with Arkansas Code § 27-50-1208(b)(2) or (3) shall be offered for sale through a nonjudicial public sale pursuant to Arkansas Code §§ 27-50-1208 – 27-50-1210.
(c) All vehicles, trailers, and contents that are impounded, towed, recovered, or stored that have not been properly registered with a state, if required, and for which no ownership information may be found shall be advertised and sold in accordance with Arkansas Code §§ 27-50-1208 – 27-50-1210.
(d)
1. (1) In addition to any advertising requirements requiring publication of vehicles, trailers, and contents in a newspaper of general circulation, the same shall be posted on the Arkansas Towing and Recovery Board’s website, including without limitation vehicles, trailers, and contents that have been impounded and for which no owner or registration information can be found either through a thorough search of the vehicle, law enforcement, vehicle identification number, or the Office of Motor Vehicle licensing database.
2. (2) The post on the board’s website shall occur on or before the tenth business day after the vehicle, trailer, and contents were towed.
3. (3) All posts on the board’s website shall follow the template prescribed and shall be filled out completely.
4. (4) Usage fees shall be paid at the time the items are posted in accordance with 27 CAR § 170-108.
(e)
1. (1)
  1. (A) All vehicles, trailers, and contents scheduled for a nonjudicial public sale shall be posted on the board’s website in addition to any required newspaper posting at least fifteen (15) days before the sale.
  2. (B) A newspaper publication and website posting shall include the specific date of the sale.
2. (2) All posts on the board’s website shall follow the template prescribed and shall be filled out completely.
3. (3) Usage fees shall be paid at the time the items are posted in accordance with 27 CAR § 170-108.
(f) The board’s online template shall include without limitation:
1. (1) Date and time of sale;
2. (2) Company name and tow business license number;
3. (3) The address of the facility where the nonjudicial public sale will occur, including the city and county;
4. (4) Type of sale (auction, written bids, online, etc.);
5. (5) Type and description of item to be offered for sale, for example, vehicle, motorcycle, trailer, equipment, etc.;
6. (6) A thorough description including, if applicable, year, make, model, vehicle identification or serial number, license plate number, color, reason for impounding, where the impound occurred, length of trailer, model and type of equipment, and any other items that may be included on the template or in the description that may help identify ownership; and
7. (7) Any special or unusual identifying marks or characteristics that may be helpful in determining ownership.
(g) The search engine for a user of the board’s website shall include:
1. (1) The full vehicle identification or serial number;
2. (2) Make;
3. (3) Model;
4. (4) Year; and
5. (5) The county where the item was impounded.
(h) Failure to post items in accordance with this section may result in:
1. (1) Civil penalties not to exceed five thousand dollars ($5,000);
2. (2) Suspension or revocation of a tow business license; or
3. (3) Both.
(i) Any person claiming ownership of a vehicle, trailer, contents, or piece of equipment must provide proof of ownership and pay all applicable tow, recovery, and storage fees before taking possession of the item.
(j) A tow business shall be licensed through the board and operating with a current, active tow business license, and all civil penalties must be paid before posting a vehicle, trailer, contents, or piece of equipment on the website.
(k) Consumers and law enforcement officers may use the website without limitation and at no cost.
(l) A company, such as a financial institution, may contract with the board to develop a program that would allow the use of the database to automatically identify specific vehicles for a fee approved by the board.