Removal of unattended vehicles — Liability

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  1. (a) The Division of Arkansas State Police, acting alone or in conjunction with another public safety agency, may, without the consent of the operator or a passenger, remove:

    1. (1) An unattended vehicle;

    2. (2) The spilled contents or cargo of an unattended vehicle; or

    3. (3) Motor vehicle cargo or personal property that the Arkansas Department of Transportation, the Division of Emergency Management, or the first responders on the scene of a motor vehicle accident believe is a hazardous material, hazardous waste, or regulated substance under state law or the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et seq.

  2. (b) The owner, the operator, or a passenger shall be liable for the costs to a state agency for the removal of the unattended vehicle, motor vehicle cargo, or personal property.

  3. (c) If acting in good faith and using reasonable care, a tow company, emergency medical services provider, or local law enforcement shall not be held responsible for any damages or claims that may result from the performance of a duty or the removal of an unattended vehicle, motor vehicle cargo, or personal property authorized under subsection (a) of this section.


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