(a) (1) In a manner prescribed by the Commissioner of Motor Vehicles, the Office of Motor Vehicle shall issue:
(A) A Class D license or a Class M license to each applicant qualified therefor, for a period of four (4) years, upon payment of twelve dollars ($12.00);
(B) A Class MD license to each applicant qualified therefor, for a period of not more than two (2) years, upon payment of two dollars ($2.00);
(C) Every applicant for a Class D, Class M, or Class MD license under §§ 27-16-704, 27-16-807, or 27-20-108 shall pay an examination fee of five dollars ($5.00) for the first examination and a fee of five dollars ($5.00) for each subsequent examination, except that for each examination after the third examination there shall be no charge if the applicant produces receipts for having paid the fees for the previous examinations. The examination fee shall be remitted in a manner prescribed by the commissioner.
(2) Each license shall include:
(A) A distinguishing number assigned to the licensee;
(B) (i) Except as provided under subdivision (a)(2)(B)(ii) of this section, the name, residence address, date of birth, and a brief description of the licensee.
(ii) The following exceptions to providing a residence address and instead providing a post office box address shall be allowed at the option of the licensee:
(a) If the licensee is a law enforcement officer; or
(b) If the licensee is a victim of domestic violence or the dependent of a victim of domestic violence as provided under § 27-16-811; and
(C) A space upon which the licensee may affix his or her signature.
(3) The licensee shall affix his or her signature in ink in a space provided, and no license shall be valid until it shall have been so signed by the licensee.
(4) At the time of initial issuance or at the time of renewal of a license, the distinguishing number assigned to the licensee for his or her license shall be a nine-digit number assigned to the specific licensee by the commissioner.
(b) (1) (A) All licenses, as described in subsection (a) of this section, shall include a color photograph of the licensee, and such photograph shall be made a part of the license at the time of application. If the licensee is under eighteen (18) years of age at the time the license is issued, the license shall state that the licensee was under eighteen (18) years of age at the time of issuance. If the licensee was at least eighteen (18) years of age but under twenty-one (21) years of age at the time the license is issued, the license shall state that the licensee was under twenty-one (21) years of age at the time the license was issued.
(B) [Repealed.]
(2) A license may be valid without a photograph of the licensee when the commissioner is advised that the requirement of the photograph is either objectionable on the grounds of religious belief or the licensee is unavailable to have the photograph made.
(c) (1) In addition to the license fee prescribed by subsection (a) of this section, the office shall collect a penalty equal to fifty percent (50%) of the amount thereof from each driver, otherwise qualified, who shall operate a motor vehicle over the highways of this state without a valid license.
(2) Such penalty shall be in addition to any other penalty that may be prescribed by law.
(d) All license fees collected under subsection (a) of this section shall be deposited in the State Treasury as special revenues, and the net amount thereof shall be credited to the Department of Arkansas State Police Fund, to be used for the operation, maintenance, and improvement of the Department of Arkansas State Police.
(e) (1) The office shall not charge an additional fee for the color photograph provided for in subsection (b) of this section for those applicants making a renewal application for the first time.
(2) In addition to the regular license fee, a fee of one dollar ($1.00) shall be charged for all subsequent renewals.
(3) All persons applying for an Arkansas license for the first time and all persons who are required to take the driver's written examination as provided for in this act shall be charged the additional fee of one dollar ($1.00).
(4) All persons who are required to have their eyesight tested prior to initial licensing or upon subsequent license renewal as provided for in this act shall be charged an additional fee of one dollar ($1.00) upon issuance of the license.
(f) Moneys collected from the penalty fee provided in subsection (c) of this section and the fees provided in subsection (e) of this section shall be deposited in the State Treasury into the Constitutional Officers Fund and the State Central Services Fund, and the net amount shall be credited to the Department of Finance and Administration to be used to help defray the cost of the driver license program which shall be payable therefrom.
(g) Such fees as are collected under subsection (a) of this section shall be remitted to the State Treasury, there to be deposited as special revenues to the credit of the Department of Arkansas State Police Fund, to be used for the operation, maintenance, and improvement of the Department of Arkansas State Police.
(h) In addition to the license fees imposed in subsections (a) and (e) of this section, a fee of six dollars ($6.00) shall be charged for the issuance or renewal of any Class D, M, or MD license. The fees collected under this subsection shall be remitted to the State Treasury, there to be deposited as special revenues to the credit of the Department of Arkansas State Police Fund, to be used for the payment of health insurance premiums for uniformed employees of the Department of Arkansas State Police.
History. Acts 1937, No. 280, §§ 18, 21; Pope's Dig., § 6842; Acts 1939, No. 72, § 1; 1941, No. 370, § 1; 1947, No. 393, § 1; 1957, No. 24, § 1; 1965, No. 493, § 1; 1967, No. 338, § 1; 1969, No. 276, § 1; 1977, No. 311, § 1; A.S.A. 1947, §§ 75-320, 75-325; Acts 1987, No. 274, § 2; 1989, No. 8, § 2; 1989, No. 193, § 3; 1989, No. 241, § 25; 1991, No. 782, §§ 1, 2; 1993, No. 445, §§ 18, 19; 1993, No. 1168, § 1; 1997, No. 495, § 1; 1999, No. 1004, § 1; 2001, No. 1500, § 1; 2001, No. 1694, § 5; 2003, No. 836, § 2; 2005, No. 1233, § 2; 2007, No. 839, § 9.
A.C.R.C. Notes. Section 27-16-801(f) originally referred to Acts 1969, No. 4, which enacted the 1968 Uniform Anatomical Gift Act and was codified as § 20-17-601 et seq. Acts 1989, No. 436, repealed the 1968 Uniform Anatomical Gift Act and replaced it with the 1987 Uniform Anatomical Gift Act, which was also codified as § 20-17-601 et seq.
As enacted, the 1989 amendment to (a)(4)(A) began:
“On and after January 1, 1989.”
Acts 2001, No. 1694, § 9, provided:
“This act shall be effective July 1, 2002.”
Publisher's Notes. Acts 1969, No. 276, § 2, provided that the increased motor vehicle operator's license fee provided in § 1 of the act shall be applicable only to new motor vehicle operator's licenses issued or the renewal of existing motor vehicle operator's licenses on or after the effective date of the act.
Prior to the 2001 amendment by No. 1694, subdivision (a)(2)(B) read:
“(B) The name, residence address (if the licensee is a law enforcement officer, at the officer's option the license shall disclose a postoffice box in lieu of the resident address), date of birth, and a brief description of the licensee; and.” The text enclosed in parentheses was neither set out nor specifically deleted in Acts 2001, No. 1694, § 5.
Prior to the 2001 amendment by No. 1694, subdivision (b)(1)(A) contained two (2) additional sentences which read:
“If the licensee is under eighteen years of age at the time the license is issued, the license shall state that the licensee was under eighteen years of age at the time of issuance. If the licensee was at least eighteen years of age but under twenty-one years of age at the time the license is issued, the license shall state that the licensee was under twenty-one years of age at the time the license was issued.” This additional language was neither set out nor specifically deleted in Acts 2001, No. 1694, § 5.
Amendments. The 1999 amendment rewrote (a)(2)(B).
The 2001 amendment by No. 1500 added (i).
The 2001 amendment by No. 1694 rewrote the section.
The 2003 amendment redesignated former (a)(4)(A) as present (a)(4); deleted former (a)(4)(B); and, in present (a)(4), deleted “shall be the same as the licensee's social security number when the licensee has been assigned a social security number, or” following “licensee for his or her license” and deleted “when the licensee has not been assigned a social security number” at the end.
The 2005 amendment, in present (a)(2)(B)(i), inserted “Except as provided under subdivision (a)(2)(B)(ii) of this section” and deleted “(if the licensee is a law enforcement officer, at the officer's option the license shall disclose a post office box in lieu of the residence address)”; and added (a)(2)(B)(ii).
The 2007 amendment deleted former (f) and redesignated the following subdivisions accordingly.
Meaning of “this act”. Acts 1937, No. 280, codified as §§ 27-16-101, 27-16-102, 27-16-201 - 27-16-207, 27-16-301 - 27-16-306, 27-16-501, 27-16-502, 27-16-504, 27-16-506, 27-16-601 - 27-16-605, 27-16-701 - 27-16-705, 27-16-801 - 27-16-806, 27-16-901, 27-16-903 - 27-16-913, 27-16-1001 [repealed].
Cross References. Driver's license form to contain statement of intent concerning organ donation, § 20-17-501.
Motorcycle operator's license, § 27-20-107.
Uniform Anatomical Gift Act, § 20-17-601 et seq.
Research References
U. Ark. Little Rock L. Rev.
Survey of Legislation, 2003 Arkansas General Assembly, Transportation, Social Security Number as Driver's License Number, 26 U. Ark. Little Rock L. Rev. 504.