(b) Recommendations and outreach.

1. (1) The Arkansas Towing and Recovery Board recommends that all EV towing services and EV storage services be performed according to the guidelines contained in this section and any subsequent guidance it is able to provide through outreach efforts, posting on its website, or both to reflect current best practices.
2. (2) The board will use its best efforts to provide information and resources to the tow industry and general public concerning the safe performance of EV towing services and EV storage services.

(c) Recommended guidelines for performing EV towing services.

1. (1)

   1. (A) Prior to performing an EV towing service it is recommended that a tow business complete or have a third-party EV resource complete an EV assessment.
   2. (B) If during the performance of EV towing services anything occurs that might reasonably change the EV assessment obtaining an additional EV assessment is recommended.
   3. (C) It is recommended that all EV towing services be performed in accordance with the most recent EV assessment.

2. (2) It is recommended that the tow business:

   1. (A) Maintains a record of all EV assessments for two (2) years and provides a copy of the most recent EV assessment to:

(i) The person, if any, the tow business uses to provide EV storage services; and

1. (ii) Any other transferee of the EV, including without limitation:

(b) (b) A lienholder;

1. (c) (c) An insurance provider;

   1. (d) (d) A garage or body shop;

(f) (f) Another tow business; and

1. (B) Attaches a sticker or decal indicating the risk level of the most recent EV assessment and that the sticker or decal remain affixed to the EV at all times during EV towing services and EV storage services.

   1. (d) Recommended guidelines for performing EV storage services.

2. (1)

   1. (A) Prior to performing an EV storage service it is recommended that a tow business complete or obtain from a third-party EV resource an EV assessment.
   2. (B) If during the performance of EV storage services anything occurs that might reasonably change the EV assessment, obtaining an additional EV assessment is recommended.
   3. (C) It is recommended that all EV storage services be performed in accordance with the most recent EV assessment.

3. (2) It is recommended that the tow business:

   1. (A) Maintains a record of all EV assessments for two (2) years and provides a copy of the most recent EV assessment to any transferee, including without limitation:

      1. (i) The EV owner;
      2. (ii) A lienholder;
      3. (iii) An insurance provider;
      4. (iv) A garage or body shop;
      5. (v) A salvage vehicle pool or salvage vehicle auction; or
      6. (vi) Another tow business; and
   2. (B) Attaches a sticker or decal indicating the risk level of the most recent EV assessment and that the sticker or decal remain affixed to the EV at all times during EV towing services and EV storage services.

4. (3)

   1. (A) If an EV assessment indicates the EV may not be safely stored in the same manner as a non-EV, it is recommended that precautions be taken to appropriately store the EV to minimize risks of injury or property damage, such as storing it separate and apart from buildings, other vehicles, or combustible materials, or in a vehicle isolation bay.
   2. (B) It is recommended that a vehicle isolation bay be located in an area that is easily accessible by fire equipment and personnel.

5. (4) It is recommended that:

   1. (A) Each stored EV be clearly marked and recognizable as an electric vehicle; and
   2. (B) A damaged EV not be stored inside a building unless it is secured in a fully enclosed vehicle isolation bay approved for indoor use.

(f) Recommended chain of custody procedures. It is recommended that:

1. (1) Upon release of the EV to another party, including without limitation to the EV owner, a lienholder, an insurance provider, a garage or body shop, a salvage vehicle pool, a salvage vehicle auction, or another tow business, a copy of the most recent EV assessment and a written or electronic chain of custody record accompany the EV, signed and dated by the party releasing the EV and the party receiving the EV;
2. (2) Each party in the chain of custody maintain a copy of each chain of custody form signed by the party for two (2) years; and

3. (3) The chain of custody form include:

   1. (A) The name and contact information of the tow business releasing the EV;
   2. (B) The name and contact information of each party receiving the EV;
   3. (C) A description of the EV including the year, make, model, and vehicle identification number of the EV; and
   4. (D) Signature blocks and a place for the date for each person who transfers and each person who receives the EV.

(g) Lien rights and procedures.

1. (1) Except as provided in this subsection, a towing business that performs EV towing services or EV storage services, or both, shall have a first priority possessory lien on the EV, its contents, and any trailer, vehicle, or boat attached to the EV and their contents under Arkansas Code § 27-50-1208.
2. (2) If a tow business uses another tow business to provide EV storage services, upon payment of the fair market value of the towing services, the amount paid shall be transferred to and included in the storage tow business’s lien for EV storage services.
3. (3) The procedures for notice, foreclosure, sale, and disposition of proceeds shall be governed by Arkansas Code §§ 27-50-1208 – 27-50-1210.